PEREZ v. CITY OF NEW YORK


63 A.D.3d 405 (2009)

879 N.Y.S.2d 455

NESTOR PEREZ, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided June 2, 2009.


Although there was a long, unexplained delay between mid-April 2003 (when the trial court refused to sign plaintiff's order to show cause seeking to vacate the March 4, 2003 order that had dismissed the action upon plaintiff's refusal to proceed to trial) and the end of July 2007 (when plaintiff first undertook to have a judgment entered dismissing the complaint so as to facilitate an appeal of the dismissal), we reject defendant's argument that the appeal should be dismissed...

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