US BANK N.A. v. BROWN

NO. 698N, 382638/09

147 A.D.3d 428 (2017)

46 N.Y.S.3d 107

2017 NY Slip Op 00741

US BANK NATIONAL ASSOCIATION et al., Respondent, v. GAUNTLET BROWN, Appellant, et al., Defendants.

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

Decided February 2, 2017.


The court correctly found that plaintiff took "proceedings for the entry of judgment within one year after the [defendant's] default" (see CPLR 3215 [c]). Plaintiff made its first application for an order of reference within the statutory time limitation. The fact that this application was denied because plaintiff attempted to withdraw it without prejudice is of no moment, since the statute merely requires that the party needs only to initiate proceedings, "and these...

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