Sicurella v. 111 Chelsea, LLC

Appellate Division of the Supreme Court of New York

Sicurella v. 111 Chelsea, LLC

67 A.D.3d 996, 888 N.Y.S.2d 752

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 24, 2009

StatusPublished

Cited by5 cases

This text of 67 A.D.3d 996 (Sicurella v. 111 Chelsea, LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sicurella v. 111 Chelsea, LLC, 67 A.D.3d 996, 888 N.Y.S.2d 752 (N.Y. Ct. App. 2009).

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Opinion

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Brandveen, J.), dated May 12, 2009, as denied its motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the defendant’s motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned is granted.

To avoid dismissal of the complaint as abandoned pursuant to CPLR 3215 (c), the plaintiffs were required to demonstrate a reasonable excuse for their delay in seeking a default judgment and a meritorious cause of action {see Costello v Reilly, 36 AD3d 581 [2007]; Kay Waterproofing Corp. v Ray Realty Fulton, Inc., 23 AD3d 624 [2005]). Here, the plaintiffs failed to offer a reasonable excuse for the three-year delay in seeking a default judgment. Accordingly, the Supreme Court improvidently exercised its discretion in denying the defendant’s motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned. Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.

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In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Brandveen, J.), dated May 12, 2009, as denied its motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the defendant’s motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned is granted.

To avoid dismissal of the complaint as abandoned pursuant to CPLR 3215 (c), the plaintiffs were required to demonstrate a reasonable excuse for their delay in seeking a default judgment and a meritorious cause of action {see Costello v Reilly, 36 AD3d 581 [2007]; Kay Waterproofing Corp. v Ray Realty Fulton, Inc., 23 AD3d 624 [2005]). Here, the plaintiffs failed to offer a reasonable excuse for the three-year delay in seeking a default judgment. Accordingly, the Supreme Court improvidently exercised its discretion in denying the defendant’s motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned. Fisher, J.P., Santucci, Dickerson, Chambers and Lott, JJ., concur.

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Bluebook (online)

67 A.D.3d 996, 888 N.Y.S.2d 752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sicurella-v-111-chelsea-llc-nyappdiv-2009.

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