August 16, 2007

After plaintiff commenced a medical malpractice action, neither the hospital-defendant nor the individual-defendant appeared. However, plaintiff failed to move for leave to enter a default judgment within one year of the default, pursuant to CPLR 3215(c), and the Second Department dismissed the complaint as abandoned, in Durr v. New York Community Hosp., which was decided on August 7, 2007. The court found that plaintiff had failed to make the requisite showing of (1) a reasonable excuse for its delay in seeking a default judgment and (2) a meritorious cause of action.