Opinion
December 21, 1998
Appeal from the Supreme Court, Queens County (Lisa, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
In order to avoid a dismissal pursuant to CPLR 3215 (c), it is necessary for a plaintiff to demonstrate (1) an excuse for his failure to apply for a default judgment for over a year, and (2) the existence of a meritorious cause of action ( Rendelman v. Southside Hosp., 141 A.D.2d 521). The defendants do not argue that the plaintiff failed to demonstrate the existence of a meritorious cause of action, and the record reveals that the plaintiff did make such a showing. In addition, the plaintiff demonstrated a sufficient excuse for his failure to apply for a default judgment for over a year.
Miller, J. P., Pizzuto, McGinity and Luciano, JJ., concur.