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VENTURA v. CHHABRA

Index No. 24421/18E. Appeal No. 13987. Case No. 2020-01652.

195 A.D.3d 433 (2021)

144 N.Y.S.3d 574

2021 NY Slip Op 03430

Marlene Aponte Ventura, Appellant, v. Devender N. Chhabra, DMD, et al., Respondents, et al., Defendant.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Miller, Leiby & Associates, P.C., New York ( Ernest N. Reece of counsel), for appellant.

Concur—Kern, J.P., Moulton, González, Scarpulla, JJ.

The motion court properly determined that plaintiff failed to establish sufficient cause why the complaint should not be dismissed as abandoned pursuant to CPLR 3215(c) (see U.S. Bank N.A. v Nunez, 190 A.D.3d 660 [1st Dept 2021]). The excuse plaintiff offered for her delay in seeking a default judgment was not reasonable: that she failed to notify her counsel that she moved to Puerto Rico, that her counsel had to hire an investigator...

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