Federal Natl. Mtge.Assn. v. Kahana, NY Slip Op 05024 (2d Dep't September 22, 2021)
October 5, 2021
CPLR 3215(c).
As set forth in the statute, "[i]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, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed. A motion by the defendant under this subdivision does not constitute an appearance in the action." The purpose of CPLR 3215(c) is to prevent parties who have asserted claims from unreasonably delaying the termination of actions, and to avoid inquests on stale claims.
