Casiano v. City of New York

Appellate Division of the Supreme Court of New York

Casiano v. City of New York

245 A.D.2d 244, 666 N.Y.S.2d 636, 1997 N.Y. App. Div. LEXIS 13408

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 1997

StatusPublished

Cited by4 cases

This text of 245 A.D.2d 244 (Casiano v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Casiano v. City of New York, 245 A.D.2d 244, 666 N.Y.S.2d 636, 1997 N.Y. App. Div. LEXIS 13408 (N.Y. Ct. App. 1997).

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Opinion

—Order, Supreme Court, New York County (Jane Solomon, J.), entered May 15,1996, which denied defendants’ motion to vacate their default, unanimously re[245]*245versed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted on condition that defendants pay $3,000 to plaintiffs attorneys to cover the costs of the motion to vacate.

While defendants’ excuse for their default, i.e., law office failure by reason of understaffing, is not particularly compelling, their submissions upon the within timely motion for vacatur .make it clear that they possess a meritorious defense and that the default was not intentional. Accordingly, we believe that this is not an appropriate case for departure from this State’s strong preference for resolving controversies upon the merits and grant defendants’ motion subject to their satisfaction of the above-noted condition. Concur—Murphy, P. J., Sullivan, Rubin, Tom and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Jane Solomon, J.), entered May 15,1996, which denied defendants’ motion to vacate their default, unanimously re[245]*245versed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted on condition that defendants pay $3,000 to plaintiffs attorneys to cover the costs of the motion to vacate.

While defendants’ excuse for their default, i.e., law office failure by reason of understaffing, is not particularly compelling, their submissions upon the within timely motion for vacatur .make it clear that they possess a meritorious defense and that the default was not intentional. Accordingly, we believe that this is not an appropriate case for departure from this State’s strong preference for resolving controversies upon the merits and grant defendants’ motion subject to their satisfaction of the above-noted condition. Concur—Murphy, P. J., Sullivan, Rubin, Tom and Mazzarelli, JJ.

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Bluebook (online)

245 A.D.2d 244, 666 N.Y.S.2d 636, 1997 N.Y. App. Div. LEXIS 13408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casiano-v-city-of-new-york-nyappdiv-1997.

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