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115-41 ST. ALBANS HOLDING CORP., Appellant, v. ESTATE OF MURIEL V HARRISON et al., Defendants, and TOWN HOUSE ST., LLC, Respondent.

Ordered that the order is affirmed, with costs.

Although the defendant Town House St., LLC (hereinafter the defendant) served a notice of appearance, it did not serve a responsive pleading ( see CPLR 3011). Consequently, issue was not joined, and the plaintiff was barred from seeking summary judgment ( see CPLR 3212 [a]; Alexandru v Pappas, 68 AD3d 690, 691; Union Turnpike Assoc. LLC v Getty Realty Corp., 27 AD3d 725, 727).

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 meritorious cause of action ( see Sicurella v 111 Chelsea, LLC, 67 AD3d 996; Butindaro v Grinberg, 57 AD3d 932, 932-933; Staples v Jeff Hunt Devs., Inc., 56 AD3d 459, 460; DuBois v Roslyn Natl. Mtge. Corp., 52 AD3d 564, 565; County of Nassau v Chmela, 45 AD3d 722; Durr v New York Community Hosp., 43 AD3d 388, 389; Iskhakova v Klages, 37 AD3d 542). The plaintiff failed to offer a reasonable excuse for its delay in seeking a default judgment after the defendant failed to serve a responsive pleading. Accordingly, the Supreme Court properly granted the defendant's cross motion pursuant to CPLR 3215 (c) to dismiss the action insofar as asserted against it as abandoned.

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115-41 ST. ALBANS HOLDING v. HARRISON
(Mar 2, 2010)