Taylor v. Edison Parking Corp.

Full title: DOROTHY TAYLOR, respondent, v. EDISON PARKING CORP., Appellant

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

Date published: Mar 9, 1987

128 A.D.2d 605 (N.Y. App. Div. 1987)

Opinion

March 9, 1987

Appeal from the Supreme Court, Queens County (Lonschein, J.).

Ordered that the order is reversed, on the law and the facts, without costs or disbursements, and the motion is granted.

The plaintiff failed to demonstrate the merits of her cause of action and failed to provide a sufficient excuse for not attempting to enter a judgment within one year of the defendant's default. Therefore, her complaint should be dismissed as abandoned pursuant to CPLR 3215 (c) (see, Monzon v. Sony Motor, 115 A.D.2d 714). Thompson, J.P., Niehoff, Lawrence and Kunzeman, JJ., concur.