General
Michael E. Lamar, Appellant, v. City of New York, Respondent, et al., Defendants
68 A.D.3d 449888 N.Y.S.2d 883·New York Supreme Court, Appellate Division·2009·NY
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Opinion
Michael E. Lamar, Appellant, v City of New York, Respondent, et al., Defendants.
[888 NYS2d 883]
[MAJORITY]
While the City’s generalized assertion of law office failure as the excuse for its delay is not particularly compelling, it constitutes “good cause” for the delay (see Spira v New York City Tr. Auth., 49 AD3d 478 [2008]). No prejudice to plaintiff has been shown (see Cirillo v Macy’s, Inc., 61 AD3d 538, 540 [2009]), and New York’s public policy strongly favors litigating matters on the merits (see Silverio v City of New York, 266 AD2d 129 [1999]). An affidavit of merit is not required where no default order or judgment has been entered (see Cirillo, supra). Concur — Saxe, J.P., Friedman, Acosta, Renwick and AbdusSalaam, JJ.