Forbes v. New York City Transit Authority
Opinion of the Court
Denial of the motion was proper inasmuch as defendants’ proffered excuse of “law office failure” was not credible (see
Defendants also failed to demonstrate a meritorious defense to the action. The evidence offered solely on reply is entitled to no consideration by a court (see Guzman v Mike’s Pipe Yard, 35 AD3d 266 [2006]; Lumbermens Mut. Cas. Co. v Morse Shoe Co., 218 AD2d 624, 626 [1995]). Concur — Saxe, J.P., Friedman, Moskowitz and Freedman, Richter JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.