Drawhorn v. Iglesias

Full title: JERON DRAWHORN, Appellant, v. FELIX IGLESIAS et al., Respondents

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

Date published: Oct 13, 1998

254 A.D.2d 97 (N.Y. App. Div. 1998)

679 N.Y.S.2d 282

Opinion

October 13, 1998

Appeal from the Supreme Court, New York County (Jane Solomon, J.).

A default judgment against the police officer was properly refused, notwithstanding his failure to submit an affidavit of merit, where the City timely answered in a case based on respondeat superior liability for the acts of an employee who had not requested representation until after the City had answered ( see, Vines v. Manhattan Bronx Surface Tr. Operating Auth., 162 A.D.2d 229).

Concur — Milonas, J.P., Rosenberger, Wallach, Tom and Mazzarelli, JJ.