Myers v. City of New York, 110 A.D.3d 652 (N.Y. App. Div. 2013). · Go Syfert
Myers v. City of New York, 110 A.D.3d 652 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Lynch v. City of New York (nysupct, 2017-04-13)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited as authority (rule) Lynch v. City of New York
N.Y. Sup. Ct. · 2017 · confidence medium
LLC v Parmar, 135 AD3d 446, 446-447 [1st Dept 2016]; Myers v City of New York, 110 AD3d 652, 652 [1st Dept 2013]).
Retrieving the full opinion text from the archive…
Nathaniel Myers
v.
City of New York
Appellate Division of the Supreme Court of the State of New York.
Oct 31, 2013.
110 A.D.3d 652
Cited by 4 opinions  |  Published

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered May 29, 2012, which denied plaintiff’s motion for a default judgment against the City of New York, and granted the City’s cross motion for an order deeming its answer to be timely served nunc pro tunc, unanimously affirmed, without costs.

The City’s delay in answering on behalf of the individual defendants was reasonable in that it was due to its investigation of its obligation to defend them (see Hirsch v New York City Dept. of Educ., 105 AD3d 522 [1st Dept 2013]; Silverio v City of New York, 266 AD2d 129 [1st Dept 1999]; General Municipal Law § 50-k [2]). 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, 266 AD2d 129). Thus, the motion court properly exercised its discretion in granting the cross motion to compel plaintiff to accept service of the late answer (see CELR 3012 [d]; Lamar v City of New York, 68 AD3d 449 [1st Dept 2009]). Concur — Mazzarelli, J.P., Renwick, DeGrasse, Feinman and Gische, JJ.