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ALEXANDRE v. MARTINEZ

6664N. 152301/16.

161 A.D.3d 633 (2018)

77 N.Y.S.3d 407

2018 NY Slip Op 03753

Donald Alexandre et al., Appellants, v. Eric C. Martinez et al., Respondents.

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

Decided May 24, 2018.

The City defendants' opposition papers set forth both a reasonable excuse for delay in appearing on behalf of Officer Martinez, due to the existence of issues as to whether Corporation Counsel could represent him, and a meritorious defense, reflected in their timely answer that interposed affirmative defenses (see Silverio v City of New York, 266 A.D.2d 129 [1st Dept 1999]; Drawhorn...

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