WILLIAMS v. CITY OF NEW YORK

2472N, 7153/05

71 A.D.3d 605 (2010)

897 N.Y.S.2d 99

ANDERSON WILLIAMS et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided March 30, 2010.


The motion court erred in granting summary judgment dismissal on the merits inasmuch as the showing of merit for vacatur of the default orders was different than the more extensive showing necessary to defeat summary judgment, the parties had not charted a course for summary judgment in addressing plaintiffs' motion to vacate the orders entered on default, and plaintiffs were prejudiced insofar as their merits showing was limited to the issue of vacatur (see Goodsill v...

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