Opinion
August 10, 1998
Appeal from the Supreme Court, Nassau County (Lally, J.).
Ordered that the order is affirmed, with costs.
An action is deemed abandoned where a default has occurred and a plaintiff has failed to take proceedings for the entry of a judgment within one year thereafter (see, CPLR 3215 [c]). In order to avoid the dismissal of the complaint as abandoned under such circumstances, the plaintiff must offer a reasonable excuse for the delay and demonstrate the merits of the complaint (see, Richards v. Lewis, 243 A.D.2d 615; Ingenito v. Grumman Corp., 192 A.D.2d 509, 510; Manago v. Giorlando, 143 A.D.2d 646, 647; Eaves v. Ocana, 122 A.D.2d 18).
The plaintiff's affirmation of good faith provided a sufficient explanation for its failure to timely seek to enter a default judgment against the appellant (see, Rivera v. Shlagbaum, 204 A.D.2d 524; Ingenito v. Grumman Corp., supra; Corbin v. Wood Pro Installers, 184 A.D.2d 234; Hinds v. 2461 Realty Corp., 169 A.D.2d 629, 632), and its uncontested affidavit of merit established the merits of its complaint (see, Ingenito v. Grumman Corp., supra, at 510; Woodward v. City of New York, 119 A.D.2d 749). Therefore, the plaintiff's motion to vacate the default was properly granted.
The appellant's remaining contentions are without merit.
Rosenblatt, J. P., Ritter, Copertino and Florio, JJ., concur.