| Ohio Sav. Bank v Decaudin |
| 2015 NY Slip Op 05165 [129 AD3d 925] |
| June 17, 2015 |
| Appellate Division, Second Department |
[*1]
| Ohio Savings Bank, Appellant, v BrunoDecaudin et al., Defendants, and David Brown, Respondent. |
Hinshaw & Culbertson, LLP, New York, N.Y. (Schuyler Kraus and AnnmarieD'Amour of counsel), for appellant.
McCullough, Goldberger & Staudt, LLP, White Plains, N.Y. (Ruth F-L. Post ofcounsel), for respondent.
In an action to foreclose a mortgage, the plaintiff appeals from an order of theSupreme Court, Westchester County (Scheinkman, J.), entered July 11, 2013, whichgranted the motion of the defendant David Brown pursuant to CPLR 3215 (c) to dismissthe complaint insofar as asserted against him.
Ordered that the order is affirmed, with costs.
To avoid dismissal of the action as abandoned pursuant to CPLR 3215 (c), theplaintiff was required to demonstrate a reasonable excuse for its delay in seeking adefault judgment and a potentially meritorious cause of action (see Pipinias v J. Sackaris &Sons, Inc., 116 AD3d 749, 751 [2014]; Giglio v NTIMP, Inc., 86 AD3d 301, 307-308 [2011]). Theplaintiff failed to offer a reasonable excuse for its delay of seven years in seeking adefault judgment after the defendant David Brown failed to serve a responsive pleading.Accordingly, the Supreme Court properly granted Brown's motion pursuant to CPLR3215 (c) to dismiss the complaint insofar as asserted against him as abandoned (see 115-41 St. Albans HoldingCorp. v Estate of Harrison, 71 AD3d 653, 653-654 [2010]; Staples v Jeff Hunt Devs., Inc.,56 AD3d 459 [2008]; Counsel Abstract, Inc. Defined Benefit Pension Plan v Jerome AutoCtr., Inc., 23 AD3d 274 [2005]; State St. Bank & Trust Co. vFrancis, 284 AD2d 324, 324-325 [2001]). Mastro, J.P., Balkin, Sgroi and Duffy, JJ.,concur.