Opinion
May 26, 2000.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered February 26, 1999, which conditionally granted the motion of defendant City of New York to vacate a default judgment entered against it, unanimously affirmed, without costs.
David A. Linn, for plaintiff-appellant.
Janet L. Zaleon, for defendants-respondents.
Before: Nardelli, J.P., Tom, Rubin, Andrias, Buckley, JJ.
The motion court properly exercised its discretion in conditionally granting defendant City's motion to vacate the default judgment against it since the City has offered a reasonable excuse for its failure to respond to plaintiff's motion for summary judgment (see, Phillips, Nizer, Benjamin, Krim Ballon v. Matteo, ___ A.D.2d ___, 2000 N.Y. App. Div. LEXIS 3785), and there is no issue raised as to whether the City has a meritorious defense. While the City's responses to discovery orders were not always timely, there is no evidence to suggest that its conduct was willful or contumacious or attributable to bad faith (see, New v. Scores Entertainment Inc., 255 A.D.2d 108).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.