SICURELLA v. 111 CHELSEA, LLC

2009-05281.

67 A.D.3d 996 (2009)

888 N.Y.S.2d 752

2009 NY Slip Op 08808

GUY SICURELLA et al., Respondents, v. 111 CHELSEA, LLC, Appellant.

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

Decided November 24, 2009.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the defendant's motion pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned is granted.

To avoid dismissal of the complaint as abandoned pursuant to CPLR 3215 (c), the plaintiffs were required to demonstrate a reasonable excuse for their delay in seeking a default judgment and a meritorious cause of action (see Costello v Reilly...

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