Goldman v. City of New York

Goldstein, J.,

dissents and votes to reverse the order appealed from, grant the motion, and deny the cross motion, with the following memorandum, with which Crane, J., concurs. In order to justify the vacatur of his default, the respondent was obligated to submit evidence of a meritorious defense (see, Fiore v Galang, 64 NY2d 999). The Supreme Court accepted the respondent’s proposed verified answer in lieu of an affidavit of merit. The respondent’s proposed verified answer was verified by his attorney pursuant to CPLR 3020 (d) (3), which permits an attorney to verify a pleading, if the…