LUI v. ARIAS


287 A.D.2d 378 (2001)

731 N.Y.S.2d 615

ROSE LUI, Appellant, v. MIGUEL A. ARIAS, Defendant, and CITY OF NEW YORK, Respondent.

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

Decided October 23, 2001.


The order striking defendant's answer on default was properly vacated upon a showing of a meritorious defense, namely, lack of notice of the alleged dangerous condition, and a reasonable excuse for the failure to timely submit papers in opposition to the motion, namely, its attorney's mistaken belief that the date for seeking an adjournment of the motion was not the return date chosen by his adversary but the argument date governed by the Part's rules (CPLR 2005). The court...

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