"]f the 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 . . . unless sufficient cause is shown why the complaint should not be dismissed." In order to avoid dismissal, it is not necessary for a plaintiff to actually obtain a default judgment within one year of the default, or to specifically seek the entry of a judgment within one year. As long as'proceedings are undertaken, and these proceedings manifest an intent not to abandon the case but to seek a judgment, the case should not be subject to dismissal. Furthermore, where an action is subject to a mandatory settlement conference, pursuant to CPLR 3408, the one-year deadline is tolled while settlement conferences are pending.
Deutsche Natl. Bank Trust Co. v. Attard, NY Slip Op 04698 (2d Dep't August 18, 2021)
Tomorrow's issue: Appellate practice.
