Opinion
2004-1347 S C.
Decided July 6, 2005.
Appeal by defendants from an order of the District Court, Suffolk County (J. Flanagan, J.), dated June 22, 2004, which granted plaintiff's motion to excuse its failure to timely seek entry of a default judgment and to enter a default judgment against defendants in the principal sum of $5,751.56.
Order unanimously reversed without costs and plaintiff's motion to excuse its failure to timely seek entry of a default judgment and to enter a default judgment against plaintiffs denied.
Before: PRESENT: RUDOLPH, P.J., McCABE and COVELLO, JJ.
On April 18, 2000, the court denied plaintiff's motion for entry of a default judgment due to plaintiff's failure to timely seek entry of a default judgment as required by CPLR 3215 (c). More than four years later, plaintiff moved to excuse its failure to timely seek entry of a default judgment and for entry of a default judgment against defendants. Plaintiff's counsel stated that the motion was made belatedly because he finally located plaintiff's insured. However, plaintiff's moving papers failed to set forth any efforts made to locate plaintiff's insured. In light of the absence of evidence of diligent efforts by plaintiff, the court improvidently exercised its discretion when it granted plaintiff's motion ( see Epps v. LaSalle Bus, 271 AD2d 400; Leibowitz v. Obsessively Clean II, 268 AD2d 565; Spodek v. Feibusch, 259 AD2d 693; Greenwich Sav. Bank v. JAJ Carpet Mart, 126 AD2d 451).