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Failure to Enter a Default Judgment within One Year Justified Dismissal of the Complaint as Abandoned

The Second Department determined, pursuant to CPLR 3215 (c), plaintiff’s failure to enter a default judgment within one year, and plaintiff’s failure to explain the delay, warranted dismissal of the complaint as abandoned. The court explained the reasons for the rule:

CPLR 3215(c), which is entitled “Default not entered within one year,” states, as relevant to this appeal: “[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 as abandoned, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed.” The policy underlying the statute is “to prevent parties who have asserted claims from unreasonably delaying the termination of actions, and to avoid inquests on stale claims” … . Upon a showing of the requisite one year of delay, dismissal is mandatory in the first instance … . Failure to take proceedings for entry of judgment may be excused, however, upon a showing of sufficient cause. To establish “sufficient cause,” the party opposing dismissal must demonstrate that it had a reasonable excuse for the delay in taking proceedings for entry of a default judgment and that it has a potentially meritorious action … . Here, the Supreme Court correctly granted that branch of [defendant’s] motion which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against her. [Defendant] demonstrated that the plaintiff had failed to take any proceedings for entry of judgment within one year after she defaulted, and the plaintiff failed to demonstrate sufficient cause why that branch of the motion should be denied. Aurora Loan Servs., LLC v Hiyo, 2015 NY Slip Op 06100, 2nd Dept 7-15-15

 

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