LOPEZ v. CITY OF NEW YORK


179 A.D.2d 388 (1992)

Bernard Lopez, Appellant, v. City of New York et al., Respondents

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

January 9, 1992


We assume, in plaintiff's favor, that his motion for a default judgment was made within one year of defendants' defaults, as required by CPLR 3215 (c), but nevertheless affirm denial of the motion since defendants demonstrated a reasonable excuse for their defaults, namely, law office failure (CPLR 2005), and a meritorious defense, namely that the complaint may be time-barred because the notices of claim, although served within...

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