RIGGI v. SOMMERVILLE


273 A.D.2d 290 (2000)

710 N.Y.S.2d 543

DIANE M. RIGGI, Appellant, v. MARY E. SOMMERVILLE, Respondent.

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

Decided June 12, 2000.


Ordered that the order is affirmed, with costs.

Where a defendant defaults in appearing or answering and a plaintiff fails to enter a judgment upon the default within one year thereof, the action is deemed abandoned (see, CPLR 3215 [c]). Under such circumstances, to avoid dismissal of the complaint as abandoned, the plaintiff must offer a reasonable excuse for his or her delay and must demonstrate that the complaint...

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