Matos v. New York City Housing Authority

Appellate Division of the Supreme Court of New York

Matos v. New York City Housing Authority

192 A.D.2d 590, 596 N.Y.S.2d 733

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

DecidedApril 12, 1993

StatusPublished

This text of 192 A.D.2d 590 (Matos v. New York City Housing Authority) 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

Matos v. New York City Housing Authority, 192 A.D.2d 590, 596 N.Y.S.2d 733 (N.Y. Ct. App. 1993).

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Opinion

—In a negligence action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Katz, J.), dated January 25, 1991, which granted the plaintiffs’ motion to vacate their default in answering the defendant’s summary judgment motion and, upon reargument, denied the defendant’s motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

Since the plaintiffs proffered a reasonable excuse and demonstrated that they possessed a meritorious action, the Supreme Court properly vacated their default in answering the defendant’s summary judgment motion (see, CPLR 5015; Mineroff v Macy’s & Co., 97 AD2d 535). In addition, we cannot say, as a matter of law, that there was any extraordinary and unforeseeable act which severed the causal connection between the infant plaintiff’s injury and the defendant’s alleged negligence (cf., Falcone v City of New York, 170 AD2d 575; Green v New York City Hous. Auth., 82 AD2d 780, affd 55 NY2d 966). Accordingly, the defendant’s motion for summary judgment was properly denied. Lawrence, J. P., Eiber, O’Brien and Ritter, JJ., concur.

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—In a negligence action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Katz, J.), dated January 25, 1991, which granted the plaintiffs’ motion to vacate their default in answering the defendant’s summary judgment motion and, upon reargument, denied the defendant’s motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

Since the plaintiffs proffered a reasonable excuse and demonstrated that they possessed a meritorious action, the Supreme Court properly vacated their default in answering the defendant’s summary judgment motion (see, CPLR 5015; Mineroff v Macy’s & Co., 97 AD2d 535). In addition, we cannot say, as a matter of law, that there was any extraordinary and unforeseeable act which severed the causal connection between the infant plaintiff’s injury and the defendant’s alleged negligence (cf., Falcone v City of New York, 170 AD2d 575; Green v New York City Hous. Auth., 82 AD2d 780, affd 55 NY2d 966). Accordingly, the defendant’s motion for summary judgment was properly denied. Lawrence, J. P., Eiber, O’Brien and Ritter, JJ., concur.

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Bluebook (online)

192 A.D.2d 590, 596 N.Y.S.2d 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matos-v-new-york-city-housing-authority-nyappdiv-1993.

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