Eusebio v New York City Tr. Auth.
2009 NY Slip Op 02546 [61 AD3d 421]
April 2, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


Ivelisse Eusebio, Appellant,
v
New York City Transit Authority, Respondent.

—[*1] William J. Rita, New York, for appellant.

Wallace D. Gossett, Brooklyn (Lawrence Heisler of counsel), for respondent.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 8, 2008, which, in an action for personal injuries allegedly sustained when plaintiff slipped and fell on a wet area in defendant's subway station, denied plaintiff's motion to vacate a default judgment dismissing her complaint, unanimously affirmed, without costs.

We agree with Supreme Court's exercise of its discretion under the circumstances of this case. Concur—Mazzarelli, J.P., Friedman, Moskowitz and Acosta, JJ.