RIGGI v. SOMMERVILLE

ORDERED that the order is affirmed, 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]). Under such circumstances, to avoid dismissal of the complaint as abandoned, the plaintiff must offer a reasonable excuse for his or her delay and must demonstrate that the complaint is meritorious (see, Manago v. Giorlando, 143 A.D.2d 646). The plaintiff failed to meet this burden. Moreover, contrary to the plaintiff's contention, the record is devoid of admissible evidence establishing that the defendant did not, in fact, default.