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GONZALEZ v. NEW YORK CITY TRANSIT AUTHORITY

294 A.D.2d 130 (2002)

740 N.Y.S.2d 879

LUIS A. GONZALEZ, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Defendants, and NATIONAL RENT-A-CAR SYSTEMS, INC., et al., Respondents.

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

Decided May 7, 2002.

The default of the individual respondent, a nonresident who was served pursuant to Vehicle and Traffic Law § 253, was properly excused upon a showing that his attorney did not know he had been served, and that plaintiff's attorney knew that respondents' attorney, who timely appeared on behalf of the corporate respondent, intended to appear for the individual respondent as well (see, Johnson v Marriott Mgt. Serv. Corp., 262 A.D.2d 141

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