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STEPHEN L. LONDON, ET AL., appellants, v. ICELAND INCORPORATED, ET AL., respondents, ET AL., defendants.

DECISION ORDER

ORDERED that the appeal from the order is dismissed; and it is further,

ORDERED that the judgment is affirmed insofar as appealed from; and it is further,

ORDERED that one bill of costs is awarded to the respondents.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501[a][1]).

To avoid dismissal of the complaint as abandoned pursuant to CPLR 3215(c), a plaintiff must offer a reasonable excuse for his or her delay and must demonstrate that the complaint is meritorious ( see Turnbull v. Summit Entertainment Corp., 300 A.D.2d 392; Piccirillo v. Greenspan, 291 A.D.2d 486; Williams v. Colonial Tr., 275 A.D.2d 368; Riggi v. Sommerville, 273 A.D.2d 290). The determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court ( see Matter of Gambardella v. Ortov Light., 278 A.D.2d 494; Parker v. City of New York, 272 A.D.2d 310; De Vito v. Marine Midland Bank, 100 A.D.2d 530). The Supreme Court providently exercised its discretion in granting the motion to dismiss in light of the plaintiffs' failure to provide a reasonable excuse for the delay in seeking a default judgment.

SANTUCCI, J.P., SCHMIDT, COZIER and RIVERA, JJ., concur.

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LONDON v. ICELAND INCORPORATED
(Jul 3, 2003)