Riccardi v Otero

Riccardi v Otero 2006 NY Slip Op 07830 [33 AD3d 571] October 31, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 13, 2006

Michael Riccardi et al., Appellants,
v
Roberto Otero et al., Respondents.

—[*1]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.

While 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.P., Sullivan, Williams, Gonzalez and Catterson, JJ.