Opinion
April 6, 1987
Appeal from the Supreme Court, Putnam County (Owen, J.).
Ordered that the order is reversed, with costs, the motion is granted, the default judgment is vacated and the plaintiffs' complaint is dismissed insofar as it is asserted against the defendant Spantax Airlines.
The plaintiffs failed to take proceedings for the entry of a judgment within one year after the default of the defendant Spantax Airlines and there is no excuse provided for this failure. Furthermore, there was no demonstrated merit to the plaintiffs' action as against Spantax Airlines. Therefore, the complaint should be dismissed insofar as it is asserted against Spantax Airlines (see, CPLR 3215 [c]; Baldwin v St. Clare's Hosp., 63 A.D.2d 761). Brown, J.P., Niehoff, Eiber and Sullivan, JJ., concur.