Pursuant to CPLR 3215(c), "[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." In order to avoid dismissal, it is not necessary that the plaintiff actually obtain a default judgment within one year of the default. In fact, the plaintiff is not even required to seek a default judgment within a year. The case is not subject to dismissal as long as the plaintiff is taking proceedings that manifest an intent not to abandon the case but, instead, to seek a judgment. In addition, where an action is subject to a mandatory settlement conference, pursuant to CPLR 3408), the one-year deadline imposed by CPLR 3215(c) is tolled.
Bank of Am. N.A. v. Bhola, NY Slip Op 04097 (2d Dep't August 2, 2023)
