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HOPPENFELD v. HOPPENFELD

220 A.D.2d 302 (1995)

632 N.Y.S.2d 558

Marilyn P. Hoppenfeld, Plaintiff, and Eileen Hoppenfeld et al., Appellants-Respondents, v. Joan Hoppenfeld et al., Respondents-Appellants, et al., Defendants

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

October 19, 1995

The IAS Court properly dismissed the amended complaint as abandoned pursuant to CPLR 3215 (c) for plaintiffs' failure to seek the entry of a default judgment within ten years and eight months after defendants defaulted in interposing an answer to the amended complaint. Where, as here, plaintiffs failed to pursue a default judgment within one year of the default in answering, and failed to set forth a viable excuse for the delay...

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