GONZALEZ v. CITY OF NEW YORK


65 A.D.3d 569 (2009)

883 N.Y.S.2d 599

JOSE I. GONZALEZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided August 11, 2009.


Ordered that the order dated November 5, 2008 is affirmed, with costs.

The defendants proffered a reasonable justification for the failure to present the affidavit of the defendant Miguel Carvajal in opposition to the plaintiff's prior motion for leave to enter a default judgment against Carvajal and in support of their prior cross motion, inter alia, to vacate Carvajal's default in appearing in the action or answering the complaint based on the Corporation Counsel...

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