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MASON v. MTA NEW YORK CITY TRANSIT

38 A.D.3d 258 (2007)

832 N.Y.S.2d 153

HELEN MASON, Appellant, v. MTA NEW YORK CITY TRANSIT, Respondent, et al., Defendant.

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

Decided March 8, 2007.

Although striking an answer is not warranted where good faith efforts have been made to locate a client (see Heyward v Benyarko, 82 A.D.2d 751 [1981]), counsel herein has offered insufficient proof of a good faith effort to locate Alicia. Counsel sent one letter, via certified mail, seven months after appearing for Alicia, and only in advance of Alicia's second scheduled deposition. The investigator was not dispatched until three...

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