| Keselman v City of New York |
| 2008 NY Slip Op 09360 [56 AD3d 727] |
| November 25, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Vladimir Keselman, Appellant, v City of New York et al., Respondents, et al., Defendant. |
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Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Victoria Scalzo of counsel), for respondents.
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Miller, J.), dated March 12, 2008, which denied his motion pursuant to CPLR 3215 for leave to enter judgment against the defendants City of New York and Anibal Martinez upon their failure to timely answer the complaint.
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 AD3d 461, 463-464 [2006]). Fisher, J.P., Lifson, Covello, Balkin and Belen, JJ., concur.