Appellate Division of the Supreme Court of New York, 2006

Riccardi v. Otero

Riccardi v. Otero
Appellate Division of the Supreme Court of New York · Decided October 31, 2006
33 A.D.3d 571; 822 N.Y.S.2d 705
Riccardi v. Otero

Opinion of the Court

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered October 3, 2005, which, inter alia, granted defendants’ motions to dismiss the action as abandoned pursuant to CPLR 3215 (c), unanimously affirmed, without costs.

*572While this one incident, failure to make the appropriate diary entry, constitutes law office failure, and excuses the failure to move for a default judgment within one year (CPLR 3215 [c]), we find, on a search of the record, that there is no showing of the action’s merit. Concur—Saxe, J.E, Sullivan, Williams, Gonzalez and Catterson, JJ.

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