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PENA v. CITY OF NEW YORK

192 A.D.2d 493 (1993)

597 N.Y.S.2d 299

Florentino J. Pena, Respondent, v. City of New York, Defendant, and New York City Housing Authority, Appellant

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

April 29, 1993

Where defendant's only excuse for serving its proposed order more than three months after the filing of the court's decision to dismiss was inadvertence or oversight, and the decision to dismiss was based on plaintiff's own earlier failure to timely move for a default judgment, it was not an abuse of discretion to deem defendant's motion abandoned pursuant to 22 NYCRR 202.48 (see, Feldman v New York City Tr. Auth....

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