Opinion
March 30, 1995
Appeal from the Supreme Court, New York County (Ira Gammerman, J.).
The IAS Court correctly vacated its default judgment of September 28, 1993 and dismissed the petition to confirm the arbitration award as abandoned on the grounds that petitioner failed to show a reasonable excuse for the 10-year delay in entering the judgment (CPLR 3215 [c]; see, Perricone v. City of New York, 62 N.Y.2d 661). Law office failure does not avail as an excuse since petitioner and his counsel were as much to blame for not checking the status of their case as the lawyer service was in allegedly failing to have the order entered (cf., Kleeman v Rheingold, 81 N.Y.2d 270).
Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.