A party may make an application for a default judgment when the defendant has failed to appear, plead, or proceed to trial of an action called for trial, or when the court orders a dismissal for any other neglect to proceed. The statute sets forth two separate procedures for securing a default judgment: (1) entry by the clerk, and (2) entry by a judge. If the plaintiff's claim is for a sum certain or for a sum which can by computation be made certain, application may be made to the clerk within one year after the default. The term "sum certain" in this context contemplates a situation in which, once liability has been established, there can be no dispute as to the amount due, as in actions on money judgments and negotiable instruments. Where the case is not one in which the clerk can enter judgment, the plaintiff shall apply to the court for judgment. The applicant, by affidavit, must file proof of service of the summons and complaint, the facts constituting the claim, the default, and the amount due.
21st Mtge. Corp. v. Raghu, NY Slip Op 05016 (2d Dep't September 22, 2021)
