Opinion
November 16, 1989
Appeal from the Supreme Court, New York County (Burton Sherman, J.).
Plaintiff commenced this personal injury action against defendant motorists who were later discovered to be uninsured. One year after defendants' failure to appear or answer, the action became subject to dismissal pursuant to CPLR 3215 (c) (Rendelman v Southside Hosp., 141 A.D.2d 521). Plaintiff, however, provided a valid affidavit of merits and a sufficient excuse for her failure to apply for a default judgment for over a year in that, prior to the expiration of the statutory period, there existed confusion over whether defendants were insured by one or two companies. Subsequently, plaintiff's counsel engaged in settlement negotiations with MVAIC's claims examiner, commencing before and continuing after the expiration of the one-year statutory period. Consequently, the three-year delay in seeking a default judgment was properly deemed excusable.
Concur — Milonas, P.J., Rosenberger, Ellerin and Rubin, JJ.