Merilus v. Nassau Inter County Express (NICE)

Summary

The Appellate Division, Second Department, affirmed an order denying defendants' motion under CPLR 3215(c) to dismiss the complaint as abandoned and directing them to answer. The court held that the plaintiff's pre-deadline letter to the defendants' insurance carrier demonstrated an intent not to abandon the action, and that law office failure provided a reasonable excuse for the delay. The plaintiff also established a potentially meritorious cause of action.

Holdings

1. A plaintiff's failure to seek a default judgment within one year after a defendant's default does not require dismissal under CPLR 3215(c) when sufficient cause is shown why the complaint should not be dismissed.
2. To establish sufficient cause under CPLR 3215(c), the plaintiff must provide a reasonable excuse for the delay and demonstrate a potentially meritorious cause of action; the plaintiff satisfied both requirements here.

Questions Presented

1. Whether the complaint should be dismissed as abandoned under CPLR 3215(c) because the plaintiff did not move for a default judgment within one year after the defendants' default.
2. Whether the plaintiff established sufficient cause to excuse the delay by providing a reasonable excuse and demonstrating a potentially meritorious cause of action.
3. Whether the Supreme Court properly directed the defendants to answer the complaint.

Disposition

affirmed