March 11, 2013

Default judgments.

Practice point:  CPLR 3215(c) requires that a plaintiff commence proceedings for the entry of a default judgment within one year after the default or demonstrate sufficient cause why the complaint should not be dismissed.

Student note:  Where the plaintiff has made an application to the court for the entry of a default judgment within one year of the defendant's default, the court may not later dismiss the complaint as abandoned.

Case:  Jones v. Fuentes, NY Slip Op 01239 (2d Dept. 2013).

Here is the decision.

Tomorrow's issue:A fall down the stairs.