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SCRIMENTI v. DRY HARBOR NURSING HOME

34 A.D.3d 439 (2006)

823 N.Y.S.2d 516

THERESA SCRIMENTI, Appellant, v. DRY HARBOR NURSING HOME et al., Respondents.

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

Decided November 8, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff failed to seek entry of a default judgment within one year following the defendants' default in answering the complaint. Thus, the complaint was subject to dismissal unless the plaintiff could establish a reasonable excuse for the delay and the existence of a meritorious cause of action (see McGovern v O'Connor,

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