MYERS v. SLUTSKY


139 A.D.2d 709 (1988)

Gwendoline Myers, Appellant, v. Samuel Slutsky, Defendant, and Geraldine Foster, Respondent

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

April 25, 1988


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

CPLR 3215 (c) 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, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed. A motion by the defendant under this subdivision...

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