Opinion
Submitted March 8, 2000.
April 20, 2000.
In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Queens County (Golar, J.), dated October 21, 1998, which denied his motion for leave to enter a judgment against the defendant Abdo Mahamady Osmun, upon his default in appearing in the action.
Solomon Rosengarten, Brooklyn, N.Y., for appellant.
Norman Volk Associates, P.C., New York, N.Y. (Michael I. Josephs of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the action against the remaining defendant is severed.
The Supreme Court erred in denying the plaintiff's motion for leave to enter a judgment against the respondent upon his failure to appear in the action, as the respondent failed to demonstrate either a reasonable excuse for his delay or the existence of a meritorious defense (see, Gurreri v. Village of Briarcliff Manor, 249 A.D.2d 508 ; Cheng v. Leader Jewelry Corp., 246 A.D.2d 526 ).
The respondent's remaining contentions are without merit.