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LAVALLE v. ASTORIA CONSTRUCTION & PAVING CORP.

266 A.D.2d 28 (1999)

697 N.Y.S.2d 605

ANTHONY LAVALLE et al., Respondents, v. ASTORIA CONSTRUCTION & PAVING CORP., Appellant.

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

Decided November 4, 1999.

While plaintiffs did not move for a default judgment within a year of defendant's default (see, CPLR 3215 [a]), the court exercised its discretion providently by denying defendant's motion to dismiss the complaint pursuant to CPLR 3215 (c). Plaintiffs furnished an affidavit demonstrating a meritorious cause of action (see, Hoffmann v Salitan, 203 A.D.2d 91), and although the excuse proffered for their delay, inadvertent error...

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