Opinion
No. 571119/15.
03-16-2016
Nasser SABER, Plaintiff–Appellant, - v. CITY OF NEW YORK, Defendant–Respondent.
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 A.D.2d 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 A.D.2d 128 [1998] ; Ulloa v. City of New York, 193 A.D.2d 487 [1993] ; Bank v. Board of Trustees of Police Pension Fund, City of NY, Art. 1, 61 A.D.2d 954 [1978] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.