TURNBULL v. SUMMIT ENTERTAINMENT CORPORATION


300 A.D.2d 392 (2002)

750 N.Y.S.2d 784

RICHARD TURNBULL, Respondent, v. SUMMIT ENTERTAINMENT CORPORATION, Appellant, et al., Defendant.

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

Decided December 9, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

Where a defendant defaults in appearing or answering and a plaintiff fails to enter a judgment upon the default within one year thereof, the action is deemed abandoned (see CPLR 3215 [c]). Under such circumstances, to avoid dismissal of the complaint, the plaintiff must offer...

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