COUSINS v. GRANT

Appeal from the Supreme Court, Kings County (Krausman, J.).

Ordered that the order is affirmed, without costs or disbursements.

The plaintiffs have not shown a legally justifiable excuse for their failure to take proceedings against the defendant within one year after his default. In addition, there is no affidavit in the record containing an evidentiary showing that the cause of action against the defendant is meritorious. As such, the court properly dismissed the complaint as abandoned (see, CPLR 3215 [c]; Myers v. Slutsky, 139 A.D.2d 709; Chin v. Hooker, 95 A.D.2d 790; Winkelman v. H S Beer Soda Discounts, 91 A.D.2d 660). Bracken, J.P., Lawrence, Eiber, Harwood and Rosenblatt, JJ., concur.