Myers v. City of New York

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered May 29, 2012, which denied plaintiff’s motion for a default judgment against the City of New York, and granted the City’s cross motion for an order deeming its answer to be timely served nunc pro tunc, unanimously affirmed, without costs.

The City’s delay in answering on behalf of the individual defendants was reasonable in that it was due to its investigation of its obligation to defend them (see Hirsch v New York City Dept. of Educ., 105 AD3d 522 [1st Dept 2013]; Silverio v City of New York, 266 AD2d 129 [1st Dept 1999];…