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Keselman v. City of New York

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


November 25, 2008

VLADIMIR KESELMAN, APPELLANT,
v.
CITY OF NEW YORK, ET AL., RESPONDENTS, ET AL., DEFENDANT.

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Miller, J.), dated March 12, 2008, which denied his motion pursuant to CPLR 3215 for leave to enter judgment against the defendants City of New York and Anibal Martinez upon their failure to timely answer the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., ROBERT A. LIFSON, JOSEPH COVELLO, RUTH C. BALKIN and ARIEL E. BELEN, JJ.

(Index No. 37481/06)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiff's motion. The defendants City of New York and Anibal Martinez provided a reasonable excuse for their short delay in answering, which was neither willful nor prejudicial to the plaintiff and demonstrated the existence of a meritorious defense (see CPLR 5015[a][1]; Harris v City of New York, 30 AD3d 461, 463-464).

FISHER, J.P., LIFSON, COVELLO, BALKIN and BELEN, JJ., concur.

20081125

© 1992-2008 VersusLaw Inc.



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