From Casetext: Smarter Legal Research

Riggi v. Sommerville

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2000
273 A.D.2d 290 (N.Y. App. Div. 2000)

Opinion

Submitted April 26, 2000.

June 12, 2000.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scancarelli, J.), dated June 24, 1999, which granted the defendant's motion pursuant to CPLR 3215(c) to dismiss the complaint as abandoned.

Barrett Gravante Carpinello Stern, LLP, New York, N.Y. (Kenneth G. Walsh and Ryan K. Higgins of counsel), for appellant.

Richard M. O'Keefe, White Plains, N.Y., for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Where a defendant defaults in appearing or answering and a plaintiff fails to enter a judgment upon the default within one year thereof, the action is deemed abandoned (see, CPLR 3215[c]). Under such circumstances, to avoid dismissal of the complaint as abandoned, the plaintiff must offer a reasonable excuse for his or her delay and must demonstrate that the complaint is meritorious (see, Manago v. Giorlando, 143 A.D.2d 646). The plaintiff failed to meet this burden. Moreover, contrary to the plaintiff's contention, the record is devoid of admissible evidence establishing that the defendant did not, in fact, default.


Summaries of

Riggi v. Sommerville

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 2000
273 A.D.2d 290 (N.Y. App. Div. 2000)
Case details for

Riggi v. Sommerville

Case Details

Full title:DIANE M. RIGGI, APPELLANT, v. MARY E. SOMMERVILLE, RESPONDENT

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

Date published: Jun 12, 2000

Citations

273 A.D.2d 290 (N.Y. App. Div. 2000)
710 N.Y.S.2d 543

Citing Cases

Owens v. Schief

Pursuant to CPLR § 3215(c), “[i]f the plaintiff fails to take proceedings for the entry of judgment within…

Owens v. Schief

Pursuant to CPLR § 3215(c), "[i]f the plaintiff fails to take proceedings for the entry of judgment within…