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KESELMAN v. CITY OF NEW YORK

56 A.D.3d 727 (2008)

867 N.Y.S.2d 684

VLADIMIR KESELMAN, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 2008.

Ordered that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the plaintiff's motion. The defendants City of New York and Anibal Martinez provided a reasonable excuse for their short delay in answering, which was neither willful nor prejudicial to the plaintiff and demonstrated the existence of a meritorious defense (see CPLR 5015 [a] [1]; Harris v City of New York, 30 A.D...

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