Delgado v. City of New York

Full title: MARIA DELGADO, Appellant, v. CITY OF NEW YORK et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 16, 1997

245 A.D.2d 123 (N.Y. App. Div. 1997)

665 N.Y.S.2d 885

Opinion

December 16, 1997

Appeal from the Supreme Court, Bronx County (Douglas McKeon, J.).

The motion court properly exercised its discretion in granting the motion for a default judgment only conditionally, in light of the strong policy in favor of the resolution of disputes on the merits, and the absence from the record of any contumacious behavior on the part of defendant or of any prejudice to plaintiff ( see, Price v. Polisner, 172 A.D.2d 422; Willis v. City of New York, 154 A.D.2d 289). We have reviewed plaintiff's remaining arguments and find them to be without merit.

Concur — Murphy, P.J., Sullivan, Milonas, Mazzarelli and Andrias, JJ.