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Hagel v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 535 (N.Y. App. Div. 1994)

Opinion

February 14, 1994

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


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiffs failed to seek entry of a default judgment within one year following the appellant's default in answering the complaint. In addition, the plaintiffs failed to offer a reasonable excuse for their delay or demonstrate that their complaint was meritorious. Accordingly, the court should have dismissed the complaint insofar as it is asserted against the appellant pursuant to CPLR 3215 (c) (see, Ingenito v. Grumman Corp., 192 A.D.2d 509; Wilson v. Massapequa Gen. Hosp., 180 A.D.2d 791; Rafiq v. Weston, 171 A.D.2d 783; Memorial Hosp. v. Wilkins, 143 A.D.2d 494). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.


Summaries of

Hagel v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 535 (N.Y. App. Div. 1994)
Case details for

Hagel v. City of New York

Case Details

Full title:ROBERT HAGEL et al., Respondents, v. CITY OF NEW YORK, Defendant, and…

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

Date published: Feb 14, 1994

Citations

201 A.D.2d 535 (N.Y. App. Div. 1994)
609 N.Y.S.2d 813

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