| Sicurella v 111 Chelsea, LLC |
| 2009 NY Slip Op 08808 [67 AD3d 996] |
| November 24, 2009 |
| Appellate Division, Second Department |
| Guy Sicurella et al., Respondents, v 111 Chelsea, LLC,Appellant. |
—[*1]
In an action to recover damages for personal injuries, etc., the defendant appeals, as limitedby 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 asabandoned.
Ordered that the order is reversed insofar as appealed from, on the facts and in the exerciseof discretion, with costs, and the defendant's motion pursuant to CPLR 3215 (c) to dismiss thecomplaint as abandoned is granted.
To avoid dismissal of the complaint as abandoned pursuant to CPLR 3215 (c), the plaintiffswere required to demonstrate a reasonable excuse for their delay in seeking a default judgmentand a meritorious cause of action (seeCostello v Reilly, 36 AD3d 581 [2007]; Kay Waterproofing Corp. v Ray Realty Fulton, Inc., 23 AD3d 624[2005]). Here, the plaintiffs failed to offer a reasonable excuse for the three-year delay in seekinga default judgment. Accordingly, the Supreme Court improvidently exercised its discretion indenying the defendant's motion pursuant to CPLR 3215 (c) to dismiss the complaint asabandoned. Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.