Guzetti v. City of New York

Sullivan and McGuire, JJ.,

concur in a separate memorandum by McGuire, J., as follows: This appeal presents two procedural questions: (1) whether the five-day allowance accorded by CPLR 2103 (b) (2) applies when a party serves a cross motion by mail, and (2) whether a defendant seeking to compel acceptance of a late answer must proffer an affidavit of merit or demonstrate a meritorious defense where the plaintiff has neither obtained nor established entitlement to a default judgment.

On March 24, 2003, plaintiff commenced the instant action against the City of New York and Captain Dawn Damm, an…