United Exposition Service Co.

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentApr 6, 1993
596 N.Y.S.2d 679 (N.Y. App. Div. 1993)
596 N.Y.S.2d 679192 A.D.2d 339

April 6, 1993

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).

Plaintiff's motion to vacate a default more than a year after it occurred when plaintiff failed to appear and contest the dismissal of his case was properly denied. Plaintiff failed both to reasonably explain the recurring delays attributed to both him and his counsel and demonstrate the merit of his cause of action. Additionally, the long delay and the failure to complete discovery serve to prejudice the defense of this action. Accordingly, the IAS Court was well within its discretion in denying the instant motion (see, Rodriguez v Middle Atl. Auto Leasing, 122 A.D.2d 720, appeal dismissed 69 N.Y.2d 874).

Concur — Murphy, P.J., Milonas, Rosenberger and Wallach, JJ.