Casiano v. City of New York

Full title: EDGAR CASIANO, Respondent, v. CITY OF NEW YORK et al., Appellants

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

Date published: Dec 30, 1997

245 A.D.2d 244 (N.Y. App. Div. 1997)

666 N.Y.S.2d 636

Opinion

December 30, 1997

Appeal from Supreme Court, New York County (Jane Solomon, J.).

While defendants' excuse for their default, i.e., law office failure by reason of understaffing, is not particularly compelling, their submissions upon the within timely motion for vacatur make it clear that they possess a meritorious defense and that the default was not intentional. Accordingly, we believe that this is not an appropriate case for departure from this State's strong preference for resolving controversies upon the merits and grant defendants' motion subject to their satisfaction of the above-noted condition.

Concur — Murphy, P.J., Sullivan, Rubin, Tom and Mazzarelli, JJ.