Rios v. New York City Transit Authority

Concur — Capozzoli, Nunez and Macken, JJ.; Eager, J. P., and McNally, J., dissent in the following memorandum by McNally, J.: I dissent and vote to affirm. The plaintiff-appellant has failed to submit a reasonable excuse in moving to open plaintiff’s default. The application for a two-week adjournment was predicated on alleged family problems of plaintiff in Puerto Rico. No application was made to have the case assigned for trial subject to the alleged engagement of trial counsel. In addition, plaintiff has failed to show a meritorious cause of action. The affidavit of the plaintiff…