STATE FARM MUT. AUTO. INS. CO. v. RODRIGUEZ

Ordered that the order is affirmed insofar as appealed from, 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])" ( Turnbull v. Summit Entertainment Corp., 300 AD2d 392, 392). Under such circumstances, to avoid dismissal of the complaint, the plaintiff must offer a reasonable excuse for its delay and demonstrate the merits of the complaint ( see CPLR 3215 [c]).

The plaintiff's delay in entering a default judgment was reasonable under the circumstances. The plaintiff's counsel notified the defendant's insurance carrier of the action within the one-year period specified in CPLR 3215 (c) and the carrier indicated that it was attempting to confirm coverage ( see Rivera v. Shlagbaum, 204 AD2d 524; Ingenito v. Grumman Corp., 192 AD2d 509, 510-511; Hinds v. 2461 Realty Corp., 169 AD2d 629). Furthermore, the complaint verified by the plaintiff's attorney was sufficient to constitute a sufficient affidavit of merits where, as here, the plaintiff's attorney had personal knowledge of the facts constituting the action ( see CPLR 105 [u]; Martin v. Zangrillo, 186 AD2d 724).