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FUENTES v. VIRGIL

2010-06783.

88 A.D.3d 643 (2011)

930 N.Y.S.2d 479

2011 NY Slip Op 6999

SERGIO FUENTES, Respondent, et al., Plaintiffs, v. ALONZO VIRGIL, Defendant, and ROSA MARTINEZ, Appellant.

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

Decided October 4, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Rosa Martinez cross-moved, inter alia, to dismiss the complaint insofar as asserted against her by the plaintiff Sergio Fuentes as abandoned on the ground that Fuentes "fail[ed] to take proceedings for the entry of judgment within one year" after she defaulted in this action (CPLR 3215 [c]). However, rather than moving for such relief before Fuentes entered a default judgment against...

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