A plaintiff must move for a default judgment within one year of the defendant's default or face dismissal, pursuant to CPLR 3215(c). Here, the plaintiffs' time in which to seek a default judgment is measured from the default in responding to the amended complaint, which was served less than a year after the service of the original complaint. The amended pleading superseded the original complaint and became the only complaint in the case, restarting the clock on plaintiffs' one-year period in which to move for a default judgment.
NYCTL 2017-A Trust v. Heirs-at-Law of John Ghiselli, NY Slip Op 01845 (1st Dep't April 6, 2023)
