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Sicurella v. 111 Chelsea, LLC

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 2009
67 A.D.3d 996 (N.Y. App. Div. 2009)

Opinion

No. 2009-05281.

November 24, 2009.

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Brandveen, J.), dated May 12, 2009, as denied its motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned.

Andrea G. Sawyers, Melville, N.Y. (Dominic P. Zafonte of counsel), for appellant.

Dell, Little, Trovato Vecere, LLP, Uniondale, N.Y. (Keri A. Wehrheim of counsel), for respondents.

Before: Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the defendant's motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned is granted.

To avoid dismissal of the complaint as abandoned pursuant to CPLR 3215 (c), the plaintiffs were required to demonstrate a reasonable excuse for their delay in seeking a default judgment and a meritorious cause of action ( see Costello v Reilly, 36 AD3d 581; Kay Waterproofing Corp. v Ray Realty Fulton, Inc., 23 AD3d 624). Here, the plaintiffs failed to offer a reasonable excuse for the three-year delay in seeking a default judgment. Accordingly, the Supreme Court improvidently exercised its discretion in denying the defendant's motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned.


Summaries of

Sicurella v. 111 Chelsea, LLC

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 2009
67 A.D.3d 996 (N.Y. App. Div. 2009)
Case details for

Sicurella v. 111 Chelsea, LLC

Case Details

Full title:GUY SICURELLA et al., Respondents, v. 111 CHELSEA, LLC, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 24, 2009

Citations

67 A.D.3d 996 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8808
888 N.Y.S.2d 752

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