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CASIANO v. CITY OF NEW YORK

245 A.D.2d 244 (1997)

666 N.Y.S.2d 636

Edgar Casiano, Respondent, v. City of New York et al., Appellants

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

December 30, 1997

While defendants' excuse for their default, i.e., law office failure by reason of understaffing, is not particularly compelling, their submissions upon the within timely motion for vacatur make it clear that they possess a meritorious defense and that the default was not intentional. Accordingly, we believe that this is not an appropriate case for departure from this State's strong preference for resolving controversies upon the...

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