HUMMINGBIRD ASSOCIATES v. DIX AUTO SERVICE, INC.


273 A.D.2d 58 (2000)

709 N.Y.S.2d 51

HUMMINGBIRD ASSOCIATES, Appellant, v. DIX AUTO SERVICE, INC., et al., Respondents.

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

Decided June 8, 2000.


The action was abandoned when plaintiff failed to take proceedings to enter a judgment against the only named defendant within a year after the latter's default in answering the first amended complaint (CPLR 3215 [c]). A different conclusion is not required by the fact that issue had been joined on the original complaint, since the first amended complaint superseded the original complaint and became the only complaint in the action (see, Halmar Distribs. v Approved Mfg...

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