Acevedo v. New York City Transit Authority

Full title: MOISES ACEVEDO, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 3, 2005

16 A.D.3d 144 (N.Y. App. Div. 2005)

789 N.Y.S.2d 890

Opinion

5508.

March 3, 2005.

Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered September 12, 2003, which, to the extent appealed from, granted defendant's motion to vacate a default judgment entered against it, unanimously affirmed, without costs.

Before: Andrias, J.P., Saxe, Friedman, Marlow and Nardelli, JJ.

Defendant's failure to timely answer the complaint was adequately explained as attributable to excusable law office failure and resulted in no discernible prejudice to plaintiff ( see Leary v. Pou Poune, Inc., 273 AD2d 8). In view of this, and the showing of a meritorious defense made out by the affidavit of defendant's motorman, the default was properly vacated.