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GREENPOINT BANK v. GINYARD

253 A.D.2d 451 (1998)

675 N.Y.S.2d 314

Greenpoint Bank, Respondent, v. Robert Ginyard, Previously Known as Rob Base, et al., Defendants, and William C. Hamilton, Appellant

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

August 10, 1998

Ordered that the order is affirmed, with costs.

An action is deemed abandoned where a default has occurred and a plaintiff has failed to take proceedings for the entry of a judgment within one year thereafter (see, CPLR 3215 [c]). In order to avoid the dismissal of the complaint as abandoned under such circumstances, the plaintiff must offer a reasonable excuse for the delay and demonstrate the merits of the complaint...

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