Although plaintiff's action became subject to dismissal after the passing of one year from the time of defendant's default (CPLR 3215 [c]; Perricone v City of New York, 62 N.Y.2d 661), the record indicates a forebearance by plaintiff so as to allow defendant's insurance carrier to investigate and defend in this automobile negligence action. The affidavit of merit by plaintiff is uncontested (see, Woodward v City of New York, 119 A.D.2d 749) and the excuse for delay offered by plaintiff's counsel indicates activity well within the one-year period specified in CPLR 3215 (c). (See, Fazio v C.B. Warehousing, 133 A.D.2d 737, 738; cf., Monzon v Sony Motor, 115 A.D.2d 714.) It is patently obvious that the delay herein was occasioned by the inability of defendant New York Zone Warehouse, Inc. to locate its driver, the named, but unserved, party. Upon the record before us, we cannot say that the granting of the default judgment was an abuse of discretion.
Concur — Sullivan, J.P., Ross, Carro, Milonas and Ellerin, JJ.