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DEMERY v. CITY OF NEW YORK

149 A.D.2d 405 (1989)

Lutrell Demery, Appellant, v. City of New York et al., Defendants, and Balsam Cab Corp., Respondent

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

April 3, 1989

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...

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