"If 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 defendant may waive the right to seek dismissal by serving an answer or taking any other steps which may be viewed as a formal or informal appearance. Here, the defendant waived the right to seek dismissal by cross-moving for a declaration that she was not in default and for leave to file a late answer, without seeking to dismiss the complaint as abandoned.
HSBC Bank USA, N.A. v. Ranasinghe, NY Slip Op 06610 (2d Dep't November 24, 2021)
