Jones v. New York City Transit Authority

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about May 22, 2000, which, inter alia, granted plaintiff’s cross motion to vacate her default and restore her action to the conference calendar and denied defendants’ motion to preclude plaintiff from offering evidence at trial for her failure to serve a timely bill of particulars, unanimously affirmed, without costs.

Plaintiff’s default, based on her failure to appear at a preliminary conference, was properly vacated. It appears that the parties had no notice of the conference date and, in fact, that they were, at the…