SPIVEY v. CITY OF NEW YORK

7880N. 154249/14.

167 A.D.3d 487 (2018)

87 N.Y.S.3d 890

2018 NY Slip Op 08557

Rakim Spivey, Appellant, v. City of New York et al., Respondents.

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

Decided December 13, 2018.


Supreme Court properly exercised its discretion to deny plaintiff's motion to vacate the prior order dismissing his complaint on default. The default on which the dismissal was based — plaintiff's failure to respond to a motion to dismiss under CPLR 3126, allegedly due to his counsel's mis-calendaring of the return date — was not an isolated mistake but part of a pervasive pattern of neglect in prosecuting this action evident from the record, including his persistent...

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