The statute provides that if a plaintiff fails to "take proceedings" for the entry of judgment within one year after the defendant's default, the court shall not enter judgment, but shall dismiss the complaint as abandoned. In this action to foreclose a mortgage, the Second Department addresses for the first time whether the presentment to the court of a proposed ex parte order to show cause for an order of reference, which is rejected by the court for defects inherent in the papers, qualifies as a taking of proceedings within the meaning of the statute. The Second Department holds that it does qualify.
Citibank, N.A. v. Kerszko, NY Slip Op 00032 (2d Dep't January 5, 2022)
