WARD v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

4443, 15810/05.

82 A.D.3d 471 (2011)

918 N.Y.S.2d 93

TRAYVON WARD et al., Appellants, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION, Respondent.

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

Decided March 8, 2011.


Defendant obtained a default judgment dismissing the action after plaintiffs failed to comply with a precondition to commencing action by failing to appear at a General Municipal Law § 50-h hearing, after adjourning the hearing nine times. In seeking to vacate the dismissal, plaintiffs failed to demonstrate a meritorious defense (see Best v City of New York, 97 A.D.2d 389 [1983...

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