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VELASQUEZ v. NEW YORK CITY TR. AUTH./MTA

Index No. 34052/19E. M-3153 Appeal No. 14438. Case No. 2021-01998.

198 A.D.3d 555 (2021)

152 N.Y.S.3d 823

2021 NY Slip Op 05803

Carlos Velasquez, Appellant, v. New York City Transit Authority/MTA, Respondent.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

The Law Offices of Brad A. Kauffman, PLLC, New York ( Brad A. Kauffman of counsel), for appellant.

Anna J. Ervolina , Brooklyn ( Timothy J. O'Shaughnessy of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.

Defendant satisfied the requirements of CPLR 3012(d), which authorizes an extension of time to appear and plead "upon such terms as may be just and upon a showing of reasonable excuse for delay or default." Here, delay in filing an answer was occasioned by law office failure, which constitutes "good cause" for the delay (see Lamar v City of New York, 68 A.D.3d 449 [1st Dept 2009]). Notably...

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