Legal Opinion

Kapitanova v. New York City Tr. Auth.

Appellate Terms of the Supreme Court of New York

Decided December 29, 2016No. 2016 NYSlipOp 51823(U)Published

1Opinion of the Court

Nina Kapitanova, Plaintiff-Appellant,

against

New York City Transit Authority, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered on October 2, 2015, which granted defendant's motion to vacate the default judgment and to dismiss the complaint.

2Per curiam

Order (Gerald Lebovits, J.), entered October 2, 2015, affirmed, without costs.

Civil Court properly vacated the default judgment and dismissed the complaint. Defendant's failure to timely answer was neither willful nor intentional, and was adequately explained as…

3Cases cited5 opinions

  1. Mojica v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1986
  2. Rosenblatt v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
  3. Singleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  4. Hunte v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2014
  5. Acevedo v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005

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