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GILADI v. CITY OF NEW YORK

34 A.D.3d 733 (2006)

826 N.Y.S.2d 328

BRURIA GILADI, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided November 28, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the motion of the defendant New York City Transit Authority (hereinafter the defendant), in effect, to vacate its default in appearing or answering the complaint and to compel the plaintiff to accept its answer, which was untimely served. The defendant's delay in answering was brief, the default was not willful, there exists a potentially meritorious...

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