INS. CO. OF NO. AMER. v. REIFLER


45 A.D.2d 488 (1974)

Insurance Company of North America, Appellant, v. Emanuel Reifler et al., Defendants, and Sanford E. Rafsky, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 15, 1974.


Attorney(s) appearing for the Case

Bigham Englar Jones & Houston (Robert B. Budelman, Jr., and William T. Marshall, Jr., of counsel), for appellant.

Elson & Halperin for respondent.

MARTUSCELLO, Acting P. J., LATHAM, CHRIST, BRENNAN and BENJAMIN, JJ., concur.


Per Curiam.

The principal issue is whether the complaint as against defendant Rafsky was properly dismissed, upon his motion, for the plaintiff's failure to take proceedings for entry of a default judgment under subdivision (c) of CPLR 3215, which provides in part: "If 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...

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