Opinion
December 7, 2000.
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about March 15, 2000, which, to the extent appealed from, denied that branch of defendants' motion seeking dismissal of the complaint pursuant to CPLR 3215(c), unanimously affirmed, without costs.
Robert Cini, for plaintiff-respondent.
Marcy Sonneborn, for defendants-appellants.
Before: Rosenberger, J.P., Williams, Andrias, Buckley, Friedman, JJ.
Although plaintiff failed to move for entry of a default judgment within the one year, dismissal of the complaint pursuant to CPLR 2315(c) was properly denied upon plaintiff's showing of a reasonable excuse for its delay and a meritorious cause of action (see, Lavalle v. Astoria Constr. Paving Co., 266 A.D.2d 28).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.