GILMORE v. GILMORE

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

The plaintiff established a reasonable excuse for failing to timely move for a default judgment against the defendant pursuant to CPLR 3215. The plaintiff continued to proceed with the action and did not abandon her complaint. The plaintiff's delay in entering a default judgment was caused by the defendant's repeated failure to comply with discovery demands and orders (see, CPLR 3215[c]; Home Sav. of Am., F.A. v. Gkanios, 230 A.D.2d 770; Flora Co. v. Ingilis, 233 A.D.2d 418). In addition, the defendant's conduct, including his submission of an answer to the original complaint and other involvement in the action, acted as a waiver of any right he may have had to dismissal of the complaint pursuant to CPLR 3215 (see, Sutter v. Rosenbaum, 166 A.D.2d 644; Myers v. Slutsky, 139 A.D.2d 709).

The defendant failed to establish a reasonable excuse for not submitting an amended answer pursuant to CPLR 3012(d) (see, Blackman v. Blackman, 131 A.D.2d 801; Spatz v. Bajramoski, 214 A.D.2d 436).

The trial court providently exercised its discretion in awarding the plaintiff an interim attorney's fee in the sum of $25,000 (see, Landau v. Landau, 258 A.D.2d 508; Cacio v. Cacio, 236 A.D.2d 574).

The defendant's remaining contentions were addressed by this court in Gilmore v. Gilmore ( 279 A.D.2d 506).