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HOLLOMAN v. CITY OF NEW YORK

52 A.D.3d 568 (2008)

861 N.Y.S.2d 356

CHARLES HOLLOMAN, Also Known as TYRONE GRANT, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided June 10, 2008.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the motion of the defendant City of New York pursuant to CPLR 3012 (d) to compel the plaintiff to accept its late answer and pursuant to CPLR 3211 (a) (5) to dismiss the action insofar as asserted against it as time-barred is denied, that branch of the plaintiff's cross motion which was pursuant to CPLR 3215, in effect, for leave to enter judgment against the defendant City of...

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