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Lombardo v. Yuen

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 2001
285 A.D.2d 630 (N.Y. App. Div. 2001)

Opinion

Submitted June 20, 2001.

July 30, 2001.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated October 17, 2000, which granted the defendant's motion to dismiss the complaint pursuant to CPLR 3215(c) and denied her cross motion for leave to enter judgment against the defendant upon his default in answering the complaint.

Howard M. File, P.C., Staten Island, N.Y. (Martin Rubenstein of counsel), for appellant.

Marshall Conway Wright, P.C., New York, N.Y. (Steven L. Sonkin and Blaise U. Chow of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.


ORDERED that the order is affirmed, with costs.

Where a plaintiff fails to seek leave to enter a default judgment within one year after the default (see, CPLR 3215[c]), he or she must offer a reasonable excuse for the delay and demonstrate that the complaint is meritorious (see, First Nationwide Bank v. Pretel, 240 A.D.2d 629; Manago v. Giorlando, 143 A.D.2d 646). The plaintiff in this case failed to proffer a reasonable excuse for her failure to seek leave to enter a judgment within one year after the defendant's default. Accordingly, the Supreme Court properly granted the defendant's motion to dismiss the complaint and denied the plaintiff's cross motion.

SANTUCCI, J.P., S. MILLER, LUCIANO, FEUERSTEIN and ADAMS, JJ., concur.


Summaries of

Lombardo v. Yuen

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 2001
285 A.D.2d 630 (N.Y. App. Div. 2001)
Case details for

Lombardo v. Yuen

Case Details

Full title:CARMELA LOMBARDO, appellant, v. KAM YONG YUEN, ETC., respondent

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

Date published: Jul 30, 2001

Citations

285 A.D.2d 630 (N.Y. App. Div. 2001)
728 N.Y.S.2d 669

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