WELLS FARGO BANK, N.A. v. MARTINEZ

381643/09, 10964A, 10964.

181 A.D.3d 470 (2020)

121 N.Y.S.3d 248

2020 NY Slip Op 01693

Wells Fargo Bank, N.A., Respondent, v. Manuel A. Martinez et al., Appellants, et al., Defendants.

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

Decided March 12, 2020.


The motion court should have granted the motion to vacate the judgment and upon vacatur, should have dismissed the action as abandoned. CPLR 3215(c) states that "[i]f [a] plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned ... upon its own initiative or on motion." The language of CPLR 3215(c) is not discretionary...

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