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THERESA SCRIMENTI, Appellant, v. DRY HARBOR NURSING HOME et al., Respondents.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to seek entry of a default judgment within one year following the defendants' default in answering the complaint. Thus, the complaint was subject to dismissal unless the plaintiff could establish a reasonable excuse for the delay and the existence of a meritorious cause of action ( see McGovern v O'Connor, 256 AD2d 501; Blades v Butler Cab Corp., 176 AD2d 698, 699; Rendelman v Southside Hosp., 141 AD2d 521, 522). The plaintiff failed to provide a reasonable excuse for the more than six-year delay in seeking to enter a default judgment ( see Perricone v City of New York, 62 NY2d 661, 663; Wilson v Massapequa Gen. Hosp., 180 AD2d 791; Rafiq v Weston, 171 AD2d 783, 784; Monzon v Sony Motor, 115 AD2d 714). Accordingly, the Supreme Court providently exercised its discretion in granting the defendants' motion to dismiss the complaint pursuant to CPLR 3215 (c) as abandoned.

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SCRIMENTI v. DRY HAR
(Nov 8, 2006)