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COUNTY OF NASSAU v. CHMELA III

45 A.D.3d 722 (2007)

846 N.Y.S.2d 299

COUNTY OF NASSAU, Respondent, v. DONALD J. CHMELA III, Appellant, et al., Defendants.

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

Decided November 20, 2007.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, and that branch of the motion of the defendant Donald J. Chmela III which was to dismiss the action as abandoned is granted.

"When a plaintiff fails to seek leave to enter a default judgment within one year after the default has occurred, the action is deemed abandoned" (Kay Waterproofing...

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