Harris v Morrison
2008 NY Slip Op 01853 [49 AD3d 276]
March 4, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Anthony J. Harris, Respondent,
v
Fenton Morrison et al., Appellants, et al., Defendants.

—[*1] Galvano & Xanthakis, P.C., New York City (Steven F. Granville of counsel), for appellants.

Rimland & Associates, Brooklyn (Anthony M. Grisanti of counsel), for respondent.

Order, Supreme Court, Bronx County (Dianne T. Renwick, J.), entered March 2, 2007, which denied the motion by defendants Morrison and Dawes to dismiss the complaint as abandoned, unanimously affirmed, without costs.

Plaintiff showed "sufficient cause . . . why the complaint should not be dismissed" (CPLR 3215 [c]). Acceptance of the excuse offered for the relatively short delay was, under the circumstances, a proper exercise of judicial discretion (see Pappoe v Custodio, 156 AD2d 211 [1989]). Concur—Nardelli, J.P., Williams, Sweeny and Catterson, JJ.