Pursuant to the statute, "if [a] 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...upon its own initiative or on motion." The language of the statute is not discretionary, and a claim for which a default judgment is not sought within the requisite one-year period will be deemed abandoned. Notwithstanding that, a claim will not be deemed abandoned if the party seeking a default judgment provides sufficient cause as to why the complaint should not be dismissed. Here, the plaintiff waited almost three years to seek a default judgment, and it failed to provide sufficient cause as to why the complaint should not be dismissed. As such, plaintiff's complaint is dismissed as abandoned.
Wells Fargo Bank, N.A. v. Martinez, NY Slip Op 01593 (1st Dep't March 12, 2020)
Here is the decision.
