Kommeh v. City of New York

Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered May 10, 2011, which denied plaintiff’s motion to vacate his default and granted defendant City of New York’s cross motion to dismiss the complaint, unanimously reversed, on the law, without costs, plaintiffs motion granted, defendant’s motion denied, and the complaint reinstated.

Plaintiff provided a reasonable excuse for failure to appear at the preliminary conference and failure to timely serve a complaint (see Goodwin v New York City Hous. Auth., 78 AD3d 550 [2010]), based on his prior attorney’s neglect of matters…