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SARASOTA, INC. v. FINKEL

11 A.D.3d 407 (2004)

784 N.Y.S.2d 50

SARASOTA, INC., Doing Business as CREDIT CONTROL MANAGEMENT, Respondent, v. TINA FINKEL, Also Known as TINA F. MULLIGAN, et al., Appellants.

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

October 28, 2004.

The court properly held that CPLR 3215 is not applicable to this case. Plaintiff's failure was not a failure to move for a default judgment but a failure to submit a money judgment to the Clerk for entry. Moreover, the court properly exercised its discretion pursuant to 22 NYCRR 202.48 in denying the motion to dismiss on that ground and permitting the judgment to be entered despite the long delay (see also Peerless Ins. Co. v Casey, 194 A.D.2d 411...

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