Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, that branch of the defendant's motion which was to dismiss the complaint is granted, and the plaintiff's cross motion is denied.
It is uncontroverted that the plaintiff failed to move for leave to enter a default judgment within one year after the defendant defaulted in answering the complaint (see CPLR 3215 [c]). Accordingly, in order to avoid the dismissal of the...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
