CURRY v. NEW YORK CITY TRANSIT AUTHORITY


30 A.D.3d 299 (2006)

818 N.Y.S.2d 39

CORNELL CURRY, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Sued Herein as NEW YORK CITY METROPOLITAN TRANSIT AUTHORITY AND ITS POLICE DEPARTMENT, Respondent.

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

June 22, 2006.


The Supreme Court properly denied plaintiff's motion for a default judgment because, inter alia, plaintiff did not show that defendant's relatively short delay in serving its answer prejudiced him. Moreover, the delay was, at least in part, attributable to the fact that the named defendant is nonexistent, thus creating uncertainty about the identity of the actual entity intended to be sued (CPLR 3012 [d]; see DeMarco v Wyndham Intl., 299 A.D.2d 209...

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