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Demery v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1989
149 A.D.2d 405 (N.Y. App. Div. 1989)

Opinion

April 3, 1989

Appeal from the Supreme Court, Queens County (Lonschein, J.).


Ordered that the order is affirmed, with costs.

The plaintiff failed to offer a reasonable excuse for his failure to commence proceedings for entry of a default judgment for over two years after the default; nor did his affidavit of merit establish the existence of meritorious claim against the defendant Balsam Cab Corp. Accordingly the court did not improvidently exercise its discretion in dismissing the complaint as against that defendant (CPLR 3215 [c]; Monzon v. Sony Motor, 115 A.D.2d 714; cf., Fazio v. C.B. Warehousing, 133 A.D.2d 737; Woodward v. City of New York, 119 A.D.2d 749). Mollen, P.J., Bracken, Rubin and Sullivan, JJ., concur.


Summaries of

Demery v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1989
149 A.D.2d 405 (N.Y. App. Div. 1989)
Case details for

Demery v. City of New York

Case Details

Full title:LUTRELL DEMERY, Appellant, v. CITY OF NEW YORK et al., Defendants, and…

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

Date published: Apr 3, 1989

Citations

149 A.D.2d 405 (N.Y. App. Div. 1989)

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