Practice point: Where a plaintiff fails to seek leave to enter a default judgment within one year after the default, the action is deemed abandoned, pursuant to CPLR 3215[c].
Practitioners should note that, to avoid dismissal of its complaint, a plaintiff must demonstrate both a reasonable excuse for the delay in seeking a default judgment and the existence of a meritorious cause of action.
Case: Butindaro v. Grinberg, NY Slip Op 10574 (2d Dept. 2008)
The opinion is here.
Tomorrow’s issue: Construction Law.
