GUZETTI v. CITY OF NEW YORK


32 A.D.3d 234 (2006)

820 N.Y.S.2d 29

DANIELLE GUZETTI, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

August 10, 2006.


In this personal injury action against the City and its employee, a Correction Department captain, the motion court properly exercised its discretion in denying plaintiff's motion for a default judgment against the employee. Although plaintiff's detailed and sworn notice of claim constituted sufficient proof of her cause of action for purposes of CPLR 3215 (f), defendants demonstrated a reasonable excuse for their delay (see Drawhorn v Iglesias, 254...

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