SANDERS v. MARINO FALCONE BRICK CONTRACTING, INC.


133 A.D.2d 342 (1987)

Booker T. Sanders, Appellant, v. Marino Falcone Brick Contracting, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 8, 1987


Ordered that the order is affirmed, without costs or disbursements.

Since the appellant failed to move for leave to enter a default judgment within one year after the defendant's default in answering (CPLR 3215 [c]), he was required to demonstrate the merits of his cause of action and an excuse for the delay (see, Valentin v Rinder, 65 A.D.2d 716). Although the appellant...

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