| Kohn v Tri-State Hardwoods, Ltd. |
| 2012 NY Slip Op 00933 [92 AD3d 642] |
| February 7, 2012 |
| Appellate Division, Second Department |
| Carolyn Kohn, Respondent, v Tri-State Hardwoods, Ltd.,Appellant, et al., Defendant. |
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In an action to recover damages for personal injuries and wrongful death, etc., the defendantTri-State Hardwoods, Ltd., appeals from an order of the Supreme Court, Kings County (Schack,J.), dated February 7, 2011, which denied its motion for leave to enter a default judgment on itscounterclaim.
Ordered that the order is affirmed, without costs or disbursements.
It is undisputed that the plaintiff defaulted in serving a reply to the appellant's counterclaimand that the appellant failed to move for leave to enter a default judgment on the counterclaimwithin one year after the default. Since the appellant failed to make a timely motion for leave toenter a default judgment, it was required to demonstrate a reasonable excuse for its delay inseeking a default judgment and a potentially meritorious claim (see Giglio v NTIMP, Inc., 86 AD3d301, 308 [2011]; Costello vReilly, 36 AD3d 581 [2007]; Iorizzo v Mattikow, 25 AD3d 762, 763 [2006]; Oparaji vMadison Queens-Guy Brewer, 293 AD2d 591, 592 [2002]). The appellant failed todemonstrate a reasonable excuse for its delay of over two years after the one-year statutory timeperiod had expired (see Butindaro vGrinberg, 57 AD3d 932, 933 [2008]; Mattera v Capric, 54 AD3d 827, 828 [2008]; Lugauer v Forest City Ratner Co., 44AD3d 829, 830 [2007]; Opia v Chukwu, 278 AD2d 394 [2000]). Accordingly, theappellant's motion for leave to enter a default judgment on the counterclaim was properly denied.
The appellant's remaining contention is without merit. Skelos, J.P., Dickerson, Hall, Romanand Cohen, JJ., concur.