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LUTRELL DEMERY, Appellant, v. CITY OF NEW YORK et al., Defendants, and BALSAM CAB CORP., Respondent.

Ordered that the order is affirmed, with costs.

The plaintiff failed to offer a reasonable excuse for his failure to commence proceedings for entry of a default judgment for over two years after the default; nor did his affidavit of merit establish the existence of meritorious claim against the defendant Balsam Cab Corp. Accordingly the court did not improvidently exercise its discretion in dismissing the complaint as against that defendant (CPLR 3215 [c]; Monzon v. Sony Motor, 115 A.D.2d 714; cf., Fazio v. C.B. Warehousing, 133 A.D.2d 737; Woodward v. City of New York, 119 A.D.2d 749). Mollen, P.J., Bracken, Rubin and Sullivan, JJ., concur.

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DEMERY v. CITY OF NEW YORK
(Apr 3, 1989)