Special Term's original finding that "plaintiffs have actively prosecuted their claim * * * [and] [t]he partnership defendants have not been prejudiced by the delay" (original decision dated April 29, 1982, recalled by decision on order entered July 23, 1982) was correct and these defendants' argument, that the failure to enter default against them within one year entitles them to dismissal, is not persuasive. Such an overly Draconian application of CPLR 3215 (subd [c]) is...
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