In this medical malpractice action, the Appellate Division affirmed the Order which denied plaintiff's motion for a default judgment and dismissed the complaint as abandoned. Plaintif's excuse for her delay in seeking a default judgment was not reasonable: that she failed to notify her counsel that she moved to Puerto Rico, that her counsel had to hire an investigator to locate her to sign the affidavits of merit annexed to her moving papers after she moved to Puerto Rico, and that, for months, she did not return the affidavits of merit which had been sent to her.
Ventura v. Chhabra, NY Slip Op 03430 (1st Dep't June 1, 2021)
