Saber v. City of New York

Appellate Terms of the Supreme Court of New York

Saber v. City of New York

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 16, 2016

Docket2016 NYSlipOp 50304(U)

StatusPublished

This text of Saber v. City of New York (Saber v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Saber v. City of New York, (N.Y. Ct. App. 2016).

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Opinion

Nasser Saber, Plaintiff-Appellant,

against

City of New York, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Alexander M. Tisch, J.), dated September 4, 2015, which granted defendant's motion to vacate a default judgment.

Per Curiam.

Order (Alexander M. Tisch, J.), dated September 4, 2015, affirmed, with $10 costs.

We find no cause to disturb the motion court's discretionary determination to vacate the default judgment entered upon defendant's failure to appear at a court conference. The default was purportedly caused by law office failure (see Auerbach v Tregerman, 106 AD3d 633 [2013]) and defendant has demonstrated a potentially meritorious defense to the action (see Crooks v Lear Taxi Corp., 136 AD2d 452 [1988]). While there have been a number of defaults in this matter and the conduct of the Corporation Counsel was somewhat careless, the conduct was not willful or intentional, the defaults were not of long duration and there has been no showing of prejudice to plaintiff (see Matter of Baldini v New York City Empls. Retirement Sys., 254 AD2d 128 [1998]; Ulloa v City of New York, 193 AD2d 487 [1993]; Bank v Board of Trustees of Police Pension Fund, City of NY, Art. 1, 61 AD2d 954 [1978]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: March 16, 2016

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Nasser Saber, Plaintiff-Appellant,

against

City of New York, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Alexander M. Tisch, J.), dated September 4, 2015, which granted defendant's motion to vacate a default judgment.

Per Curiam.

Order (Alexander M. Tisch, J.), dated September 4, 2015, affirmed, with $10 costs.

We find no cause to disturb the motion court's discretionary determination to vacate the default judgment entered upon defendant's failure to appear at a court conference. The default was purportedly caused by law office failure (see Auerbach v Tregerman, 106 AD3d 633 [2013]) and defendant has demonstrated a potentially meritorious defense to the action (see Crooks v Lear Taxi Corp., 136 AD2d 452 [1988]). While there have been a number of defaults in this matter and the conduct of the Corporation Counsel was somewhat careless, the conduct was not willful or intentional, the defaults were not of long duration and there has been no showing of prejudice to plaintiff (see Matter of Baldini v New York City Empls. Retirement Sys., 254 AD2d 128 [1998]; Ulloa v City of New York, 193 AD2d 487 [1993]; Bank v Board of Trustees of Police Pension Fund, City of NY, Art. 1, 61 AD2d 954 [1978]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: March 16, 2016

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