Pena v. City of New York

Full title: FLORENTINO J. PENA, Respondent, v. CITY OF NEW YORK, Defendant, and NEW…

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

Date published: Apr 29, 1993

192 A.D.2d 493 (N.Y. App. Div. 1993)

597 N.Y.S.2d 299

Opinion

April 29, 1993

Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).

Where defendant's only excuse for serving its proposed order more than three months after the filing of the court's decision to dismiss was inadvertence or oversight, and the decision to dismiss was based on plaintiff's own earlier failure to timely move for a default judgment, it was not an abuse of discretion to deem defendant's motion abandoned pursuant to 22 NYCRR 202.48 (see, Feldman v New York City Tr. Auth., 171 A.D.2d 473, 474).

Concur — Sullivan, J.P., Carro, Milonas, Kupferman and Ross, JJ.