Willis v. City of New York

Full title: RONALD WILLIS, Appellant, v. CITY OF NEW YORK et al., Respondents

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

Date published: Oct 26, 1989

154 A.D.2d 289 (N.Y. App. Div. 1989)

546 N.Y.S.2d 365

Opinion

October 26, 1989

Appeal from the Supreme Court, Bronx County (Howard R. Silver, J.).

The court properly denied the motion to enter a default judgment and permitted the defendants to serve an amended answer. (See, Mufalli v Ford Motor Co., 105 A.D.2d 642.) The sufficiency of a statement of merit is ordinarily to be left to the discretion of the trial court (Fidelity Deposit Co. v Andersen Co., 60 N.Y.2d 693, 695), and we find no abuse of discretion has been demonstrated in this case. Further, the court has the authority, sua sponte, to grant relief pursuant to CPLR 3012 (d) even in the absence of a cross motion seeking such relief. (Shure v Village of Westhampton Beach, 121 A.D.2d 887.)

Concur — Murphy, P.J., Kupferman, Carro, Kassal and Wallach, JJ.