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SEVEN ACRE WOOD STREET ASSOC., INC. v. WOOD

Appellate Division of the Supreme Court of New York, Second Department.
Aug 20, 2001
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ORDERED that the order is affirmed, with costs.

To vacate the order dismissing the complaint, the plaintiff had to proffer a reasonable excuse for its default and establish the existence of a meritorious cause of action (see, CPLR 5015[a][1]; Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831; McNeil v. Milstein, 240 A.D.2d 549; Martinez v. Otis El. Co., 213 A.D.2d 523). The Supreme Court providently exercised its discretion in denying the plaintiff's motion to vacate the default (see, Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, supra). The record reveals an overall lack of diligence by the plaintiff in prosecuting its claim, a pattern of willful default, and neglect. Moreover, no reasonable excuse was offered for the lengthy delay in bringing the motion to vacate the default (see, Yepez v. Damico, 239 A.D.2d 412; Roussodimou v. Zafiriadis, 238 A.D.2d 568; Martinez v. Otis El. Co., supra; Gannon v. Johnson Scale Co., 189 A.D.2d 1052). Furthermore, the plaintiff failed to proffer sufficient evidence of the merit of its underlying claims.