A default judgment against the police officer was properly refused, notwithstanding his failure to submit an affidavit of merit, where the City timely answered in a case based on respondeat superior liability for the acts of an employee who had not requested representation until after the City had answered ( see, Vines v. Manhattan Bronx Surface Tr. Operating Auth., 162 A.D.2d 229).
Concur — Milonas, J.P., Rosenberger, Wallach, Tom and Mazzarelli, JJ.