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SELZNICK v. CITY OF NEW YORK

39 A.D.2d 597 (1972)

Marci S. Selznick, an Infant, by Her Guardian ad Litem Steven O. Selznick, et al., Respondents, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 17, 1972

Order modified insofar as appealed from, by striking therefrom the conditions imposed; as so modified, the order is affirmed, without costs.

We agree with the finding at Special Term that the default of the Corporation Counsel in answering the call of the calendar was not willful, and we are of the opinion that it resulted from a misunderstanding between the Corporation Counsel and the court at Trial Term. Defendant was entitled to have its default

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