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GAVALAS v. PODELSON

297 A.D.2d 535 (2002)

746 N.Y.S.2d 902

MARY M. GAVALAS, Respondent, v. D. PODELSON et al., Appellants, et al., Defendants.

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

Decided September 17, 2002.

A default judgment was not pursued within one year of the defendants-appellants' failure to respond to plaintiff's summons with notice. Thereafter, in response to defendants-appellants' resulting motion to dismiss, the standard was not met pursuant to CPLR 3215 (c). Therefore, the Supreme Court should have granted defendants-appellants' motion and dismissed the underlying action insofar as asserted against them (see Hoppenfeld v Hoppenfeld, 220 A.D...

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