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PM-OK ASSOCIATES v. BRITZ

256 A.D.2d 151 (1998)

681 N.Y.S.2d 500

PM-OK ASSOCIATES, Appellant-Respondent, v. JEFFREY E. BRITZ et al., Defendants, FRANK HAGEN, JR., Respondent-Appellant, and OKLAHOMA CITY ASSOCIATES, Respondent.

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

Decided December 15, 1998.

Contrary to the IAS Court's holding, a complaint shall not be dismissed as abandoned, pursuant to CPLR 3215 (c), unless a plaintiff has failed to take proceedings for entry of a default judgment against the defendant within one year "after the default", not within one year after service of the summons and complaint. Since it is undisputed that the summons and complaint in this action were served on OCA on April 3, 1996, OCA's time to answer expired on May 3, 1996 and plaintiff...

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