Appellate Division of the Supreme Court of New York, 1998

Besco Steel Erectors, Inc. v. Mecho Shade Systems, Inc.

Besco Steel Erectors, Inc. v. Mecho Shade Systems, Inc.
Appellate Division of the Supreme Court of New York · Decided January 8, 1998
246 A.D.2d 334; 666 N.Y.S.2d 915
Besco Steel Erectors, Inc. v. Mecho Shade Systems, Inc.

Opinion of the Court

Order, Supreme Court, New York *335County (Emily Goodman, J.), entered August 13, 1996, which denied plaintiffs motion to vacate a prior order, entered on default, dismissing the complaint for want of prosecution, unanimously affirmed, without costs.

The motion was properly denied for failure to offer an adequate excuse for either the default in opposing the motion to dismiss for want of prosecution or the failure to prosecute for virtually the entire eight-year period between the commencement of the action and the making of the instant motion. We also note that plaintiffs showing on the merits is very weak. Concur—Rosenberger, J. P., Wallach, Rubin, Williams and Torn* JJ.

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