Pursuant to CPLR 3215(c), "[i]f the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned. The statute is strictly construed, as the language is not discretionary, but mandatory. However, a court has the discretion to excuse a failure to timely seek a default if there is sufficient cause why the complaint should not be dismissed. The Appellate Division has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious. Although the determination of what constitutes a reasonable excuse lies within the sound discretion of the Supreme Court, reversal is warranted if that discretion is improvidently exercised
Wells Fargo Bank, N.A. v. Wercberger, NY Slip Op 07040 (2d Dep't December 17, 2025)
