Practice point: A plaintiff may seek a default judgment when defendant has failed to appear, plead or proceed to trial, or when the court orders a dismissal pursuant to CPLR 3215[a].
Students should note that serving a timely notice of claim is a condition precedent for commencing an action against a defendant-municipality, pursuant to General Municipal Law §§ 50-e[1][a], 50-i[1][a].
Case: Goonan v. New York City Trans. Auth., NY Slip 09216 (2d Dept. 2010)
Here is the decision.
Tomorrow’s issue: Municipalities Law.
