Opinion · Appellate Division of the Supreme Court of the State of New York

Lamar v. City of New York

68 A.D.3d 449

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
2009-12-03
Topic
general

While the City’s generalized assertion of law office failure as the excuse for its delay is not particularly compelling, it constitutes “good cause” for the delay (see Spira v New York City Tr. Auth., 49 AD3d 478 [2008]). No prejudice to plaintiff has been shown (see Cirillo v Macy’s, Inc., 61 AD3d 538, 540 [2009]), and New York’s public policy strongly favors litigating matters on the merits (see Silverio v City of New York, 266 AD2d 129 [1999]). An affidavit of merit is not required where no default order or judgment has been entered (see Cirillo, supra). Concur — Saxe, J.P., Friedman, Acosta, Renwick and AbdusSalaam, JJ.

Citator

UpLaw has not yet analyzed Lamar v. City of New York. The absence of a flag is not a finding that it is good law.

Cited by
9 opinions

While the City’s generalized assertion of law office failure as the excuse for its delay is not particularly compelling, it constitutes “good cause” for the delay (see Spira v New York City Tr. Auth., 49 AD3d 478 [2008]). No prejudice to plaintiff has been shown (see Cirillo v Macy’s, Inc., 61 AD3d 538, 540 [2009]), and New York’s public policy strongly favors litigating matters on the merits (see Silverio v City of New York, 266 AD2d 129 [1999]). An affidavit of merit is not required where no default order or judgment has been entered (see Cirillo, supra). Concur — Saxe, J.P., Friedman, Acosta, Renwick and AbdusSalaam, JJ.