Practice point: Pursuant to CPLR 3215(c), if a plaintiff does not enter the judgment within one year after the default, the court will dismiss the complaint as abandoned. While the statutory language is not discretionary, plaintiff's failure may be excused on a showing of reasonable excuse and a potentially meritorious claim.
Student note: The defendant may waive the right to dismissal by serving an answer or taking any other step that might be viewed as a formal or informal appearance.
Case: Bank of Am., N.A. v. Rice, NY Slip Op 07581 (2d Dep't November 1, 2017)
Here is the decision.
