9 N.Y.3d 752 (2007)

A defendant is entitled to summary judgment where the plaintiff fails to establish a triable issue of fact regarding the defendant’s alleged negligence. Additionally, a default judgment can be vacated if the moving party demonstrates a reasonable excuse for the default and a meritorious cause of action.

Summary

This case concerns a negligence claim where the plaintiffs, Bannister, sought damages from defendants, Cheek and the Bannisters. Defendant Cheek moved for summary judgment, arguing a lack of negligence. Supreme Court granted Cheek’s motion. The Appellate Division reversed this decision. Regarding a default judgment against the Bannister defendants, the Appellate Division vacated the judgments and reinstated the complaint, finding a reasonable excuse for the default and a meritorious cause of action. The Court of Appeals modified the Appellate Division’s order, granting Cheek’s motion for summary judgment, finding no triable issue of fact on Cheek’s negligence.

Facts

The relevant facts involve a negligence claim brought by the plaintiffs, Bannister, against the defendants, Cheek and other Bannisters. Specific details of the underlying negligent act are not explicitly detailed in the provided memorandum. However, the key fact is that Leann Cheek moved for summary judgment, asserting that the plaintiffs could not establish a triable issue of fact regarding her alleged negligence.

Procedural History

The Supreme Court initially granted defendant Cheek’s motion for summary judgment, dismissing the complaint against her. The Appellate Division reversed the Supreme Court’s order, reinstating the complaint against Cheek. The Appellate Division also vacated default judgments against the Bannister defendants and reinstated the complaint against them. Cheek appealed to the Court of Appeals. The Court of Appeals modified the Appellate Division’s order, granting Cheek’s original motion for summary judgment.

Issue(s)

1. Whether the Appellate Division erred in reversing the Supreme Court’s grant of summary judgment to defendant Cheek, based on the existence of a triable issue of fact regarding her alleged negligence?
2. Whether the Appellate Division abused its discretion in vacating the default judgments against the Bannister defendants and reinstating the complaint against them?

Holding

1. Yes, because the plaintiffs failed to establish a triable issue of fact regarding defendant Leann Cheek’s alleged negligence.
2. No, because the plaintiffs proffered a reasonable excuse for their default and facts indicating a meritorious cause of action.

Court’s Reasoning

The Court of Appeals reasoned that the Appellate Division erred in reversing the Supreme Court’s grant of summary judgment to Cheek. The Court found that the plaintiffs did not present sufficient evidence to create a triable issue of fact concerning Cheek’s negligence. The court applied the standard for summary judgment, which requires the moving party to demonstrate the absence of any genuine issue of material fact. Since the plaintiffs failed to meet this burden regarding Cheek’s negligence, summary judgment was appropriate.

Regarding the default judgments against the Bannister defendants, the Court of Appeals agreed with the Appellate Division. The court cited CPLR 5015 (a) (1) and prior case law (Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831, 832-833 [1987]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]) to support the principle that a default judgment can be vacated where the defaulting party demonstrates a reasonable excuse for the default and a meritorious cause of action. Because the Bannister defendants met this standard, the Appellate Division’s decision to vacate the default judgments was upheld.

The court’s decision emphasizes the importance of establishing a factual basis for negligence claims to survive summary judgment. It also reaffirms the standard for vacating default judgments, requiring both a reasonable excuse and a meritorious claim.