Where the plaintiff appears but the defendant does not, the court may grant judgment by default or order an inquest, pursuant to 22 NYCRR 202.27[a]. Where the defendant appears but the plaintiff does not, the court may dismiss the action and order a severance of counterclaims or cross claims, pursuant to 202.27[b]. If neither party appears, the court may make such an order as it deems just, pursuant to 202.27[c].
Charalabidis v. Elnagar, NY Slip Op 04912 (2d Dep't September 16, 2020)
