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SPIRA v. NEW YORK CITY TRANSIT AUTHORITY

49 A.D.3d 478 (2008)

854 N.Y.S.2d 134

LIFSHA SPIRA, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided March 27, 2008.

Under the circumstances, it was an improvident exercise of discretion to grant the default judgment. While defendant's excuse for its default, i.e., law office failure by reason of understaffing, is not particularly compelling, it constitutes "good cause" nonetheless (Casiano v City of New York, 245 A.D.2d 244 [1997]), especially since there is no evidence that plaintiff was prejudiced; on the other hand, defendant will be severely...

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