Smith v. Arce

Order, Supreme Court, Bronx County (Mary BriganttiHughes, J.), entered June 17, 2009, which granted defendants’ motion to dismiss the complaint and denied plaintiffs cross motion for leave to enter a default judgment against defendant Rizzo-Espinoza and to extend the time to serve defendant Arce, unanimously reversed, on the facts, without costs, defendants’ motion denied and plaintiffs cross motion granted.

Plaintiff demonstrated sufficient cause for her delay in moving for a default judgment against Rizzo-Espinoza and a meritorious cause of action (see CPLR 3215 [c]). The delay in moving…