CPLR 3215(c) states that "[i]f the plaintiff fails to take proceedings for the entry of judgment within one year after default, the court shall not enter judgment but shall dismiss the complaint as abandoned, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed." It is not necessary for the plaintiff to actually obtain a default judgment within one year in order to avoid dismissal under the statute. If the plaintiff has initiated proceedings for the entry of a judgment within one year of the default, the statute is not a basis for dismissal.
Bank of Am., N.A. v. Lucido, NY Slip Op 05130 (2d Dep't July 11, 2018)
Here is the decision.
