The motion court providently exercised its discretion in denying the motion to dismiss the action pursuant to CPLR 3215(c). Plaintiff provided a reasonable excuse for its delay in seeking a default judgment, namely, an inadvertent error by plaintiff's counsel in moving for a default judgment against the "non-appearing" defendants only. The record otherwise demonstrates that plaintiff did not abandon the action.
Wilmington Sav. Fund Socy. v. Hyo Choong Sung, NY Slip Op 01956 (1st Dep't March 19, 2020)
Here is the decision.
