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YIU YEUNG v. CITY OF NEW YORK

282 A.D.2d 217 (2001)

722 N.Y.S.2d 382

TO YIU YEUNG et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and Edmond A. McPhee, Respondent.

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

Decided April 5, 2001.

Plaintiffs demonstrated a reasonable excuse for their default and a meritorious claim (CPLR 5015 [a] [1]); Mediavilla v Gurman, 272 A.D.2d 146). Their uncontested affidavits and the police reports of the accident establish the meritoriousness of their cause of action. Counsel's terse explanation of law office failure does not preclude the court from exercising its discretion to excuse the default (CPLR 2005; id.). McPhee's...

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