In Herzbrun v. Levine, 23 A.D.2d 744 (1st Dep't 1965) the First Department rejected an excuse that the plaintiff moved to West Germany as sufficient cause for failing to take action within one year. The court indicated that a party's general statement of moving and losing contact with their attorney is not a sufficient cause for failure to take action within a year of the default. Id. The court further noted that the plaintiff failed to make a showing that their cause of action had merit. Id. As a result, the court remanded the case to be dismissed. Id.