Opinion
2013-08708
06-17-2015
OHIO SAVINGS BANK, appellant, v. Bruno DECAUDIN, et al., defendants, David Brown, respondent.
Hinshaw & Culbertson, LLP, New York, N.Y. (Schuyler Kraus and Annmarie D'Amour of counsel), for appellant. McCullough, Goldberger & Staudt, LLP, White Plains, N.Y. (Ruth F–L. Post of counsel), for respondent.
Hinshaw & Culbertson, LLP, New York, N.Y. (Schuyler Kraus and Annmarie D'Amour of counsel), for appellant.
McCullough, Goldberger & Staudt, LLP, White Plains, N.Y. (Ruth F–L. Post of counsel), for respondent.
Opinion In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scheinkman, J.), entered July 11, 2013, which granted the motion of the defendant David Brown pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him.
ORDERED that the order is affirmed, with costs.
To avoid dismissal of the action as abandoned pursuant to CPLR 3215(c), the plaintiff was required to demonstrate a reasonable excuse for its delay in seeking a default judgment and a potentially meritorious cause of action (see Pipinias v. J. Sackaris & Sons, Inc., 116 A.D.3d 749, 751, 983 N.Y.S.2d 587 ; Giglio v. NTIMP, Inc., 86 A.D.3d 301, 307–308, 926 N.Y.S.2d 546 ). The plaintiff failed to offer a reasonable excuse for its delay of seven years in seeking a default judgment after the defendant David Brown failed to serve a responsive pleading. Accordingly, the Supreme Court properly granted Brown's motion pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned (see 115–41 St. Albans Holding Corp. v. Estate of Harrison, 71 A.D.3d 653, 653–654, 894 N.Y.S.2d 896 ; Staples v. Jeff Hunt Devs., Inc., 56 A.D.3d 459, 866 N.Y.S.2d 756 ; Counsel Abstract, Inc. Defined Benefit Pension Plan v. Jerome Auto Ctr., Inc., 23 A.D.3d 274, 805 N.Y.S.2d 14 ; State St. Bank & Trust Co. v. Francis, 284 A.D.2d 324, 324–325, 725 N.Y.S.2d 562 ).
MASTRO, J.P., BALKIN, SGROI and DUFFY, JJ., concur.