Summary
finding that "failure to make the appropriate diary entry, constitute[d] law office failure"
Summary of this case from Kurland v. GEICO Ins. Agency, Inc.Opinion
No. 9437.
October 31, 2006.
Order, Supreme Court, Bronx County (George D. Salerno, J.), entered October 3, 2005, which, inter alia, granted defendants' motions to dismiss the action as abandoned pursuant to CPLR 3215 (c), unanimously affirmed, without costs.
Before: Saxe, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.
While this one incident, failure to make the appropriate diary entry, constitutes law office failure, and excuses the failure to move for a default judgment within one year (CPLR 3215 [c]), we find, on a search of the record, that there is no showing of the action's merit.