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WISCOVITCH v. LEND LEASE (U.S.) CONSTRUCTION LMB INC.

3291, 151274/13.

148 A.D.3d 520 (2017)

2017 NY Slip Op 01968

48 N.Y.S.3d 590

ARTHUR WISCOVITCH, Appellant, v. LEND LEASE (U.S.) CONSTRUCTION LMB INC., Formerly Known as BOVIS LEND LEASE LMB, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 16, 2017.

The motion court providently exercised its discretion in dismissing the complaint as abandoned (see CPLR 3215). Plaintiff did not establish a viable excuse for the delay in moving for a default judgment against defendants, nor demonstrate a meritorious cause of action (see Utak v Commerce Bank Inc., 88 A.D.3d 522 [1st Dept 2011]). Any indeterminate extensions of time to answer the complaint ended by March 17, 2014, more than...

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