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ROBERT HAGEL et al., Respondents, v. CITY OF NEW YORK, Defendant, and CAUSEWAY CONSTRUCTION CORP., Appellant.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendant is severed.

The plaintiffs failed to seek entry of a default judgment within one year following the appellant's default in answering the complaint. In addition, the plaintiffs failed to offer a reasonable excuse for their delay or demonstrate that their complaint was meritorious. Accordingly, the court should have dismissed the complaint insofar as it is asserted against the appellant pursuant to CPLR 3215 (c) (see, Ingenito v. Grumman Corp., 192 A.D.2d 509; Wilson v. Massapequa Gen. Hosp., 180 A.D.2d 791; Rafiq v. Weston, 171 A.D.2d 783; Memorial Hosp. v. Wilkins, 143 A.D.2d 494). Thompson, J.P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

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HAGEL v. CITY OF NEW YORK
(Feb 14, 1994)