The statute generally provides that if the plaintiff fails to take proceedings for the entry of judgment within one year after a default, the court shall not enter judgment but shall dismiss the complaint as abandoned, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed. A motion by a defendant to dismiss the complaint as abandoned pursuant to the statute is untimely when it is made after the entry of a judgment of foreclosure and sale.
Federal Natl. Mtge. Assn. v. Marty, NY Slip Op 04191 (2d Dep't August 9, 2023)
