Opinion
July 20, 1998
Appeal from the Supreme Court, Nassau County (O'Brien, J.).
Ordered that the appeal from so much of the order dated April 2, 1997, as denied that branch of the appellant's motion which was to amend the complaint as against the defendant Village Commons Health Racquet Club, Inc., and so much of the order dated October 8, 1997, as, upon reargument, adhered to that prior determination, are dismissed as withdrawn, without costs or disbursements; and it is further,
Ordered that the appeal from so much of the order dated April 2, 1997, as denied that branch of the plaintiff's motion which was for leave to enter a default judgment against the nonappearing defendants pursuant to CPLR 3215 (d) is dismissed, without costs or disbursements, as that order was superseded by the order dated October 8, 1997, made upon reargument; and it is further,
Ordered that the order dated October 8, 1997, is reversed insofar as reviewed, as a matter of discretion, without costs or disbursements, that branch of appellant's motion which was for leave to enter an order pursuant to CPLR 3215 (d) directing that proceedings for the entry of a judgment against the nonappearing defendants be conducted at the time of trial against the appearing defendant is granted, and the order dated April 2, 1997, is modified accordingly.
Under the circumstances of this case, we find that the court improvidently exercised its discretion in denying that branch of the appellant's motion which was for leave to enter a default judgment against the nonappearing defendants. Although the appellant failed, to seek entry of a default judgment within one year following the nonappearing defendants' default in answering the complaint, the appellant offered a reasonable excuse for the delay and demonstrated that the complaint was meritorious (see, CPLR 3215, 2004 N.Y.C.P.L.R.; Hoffmann v. Salitan, 203 A.D.2d 91).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.