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DELGADO v. CITY OF NEW YORK

245 A.D.2d 123 (1997)

665 N.Y.S.2d 885

Maria Delgado, Appellant, v. City of New York et al., Respondents

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

December 16, 1997

The motion court properly exercised its discretion in granting the motion for a default judgment only conditionally, in light of the strong policy in favor of the resolution of disputes on the merits, and the absence from the record of any contumacious behavior on the part of defendant or of any prejudice to plaintiff (see, Price v Polisner, 172 A.D.2d 422; Willis v City of New...

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