Taylor v. Edison Parking Corp.
This text of 128 A.D.2d 605 (Taylor v. Edison Parking Corp.) 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.
Opinion
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Lonschein, J.), dated January 28, 1986, which denied its motion to dismiss the complaint pursuant to CPLR 3215 (c).
Ordered that the order is reversed, on the law and the facts, without costs or disbursements, and the motion is granted.
The plaintiff failed to demonstrate the merits of her cause of action and failed to provide a sufficient excuse for not attempting to enter a judgment within one year of the defendant’s default. Therefore, her complaint should be dismissed as abandoned pursuant to CPLR 3215 (c) (see, Monzon v Sony Motor, 115 AD2d 714). Thompson, J. P., Niehoff, Lawrence and Kunzeman, JJ., concur.
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Cite This Page — Counsel Stack
128 A.D.2d 605, 513 N.Y.S.2d 19, 1987 N.Y. App. Div. LEXIS 44296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-edison-parking-corp-nyappdiv-1987.