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.