Wiscovitch v. Lend Lease (U.S.) Construction LMB Inc.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered December 9, 2015, which granted defendants’ motion to dismiss the complaint as abandoned, unanimously affirmed, without costs.

The motion court providently exercised its discretion in dismissing the complaint as abandoned (see CPLR 3215). Plaintiff did not establish a viable excuse for the delay in moving for a default judgment against defendants, nor demonstrate a meritorious cause of action (see Utak v Commerce Bank Inc., 88 AD3d 522 [1st Dept 2011]). Any indeterminate extensions of time to answer the complaint ended by…