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BOARD OF MGRS. OF BAYCHESTER VILLAS CONDOMINIUMS I & II v. GERALD CALIENDO ARCHITECTS & PLANNERS

25544/17E. Appeal No. 15023. Case Nos. 2020-04912, 2021-01565.

201 A.D.3d 457 (2022)

156 N.Y.S.3d 833

2022 NY Slip Op 00116

The Board of Managers of Baychester Villas Condominiums I & II et al., Respondents, v. Gerald Caliendo Architects and Planners et al., Defendants, and Ely Development, LLC, et al., Appellants. (And a Third-Party Action.)

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

London Fischer LLP, New York ( Brian A. Kalman of counsel), for appellants.

Bronx Legal Services, Bronx ( Michael Corcoran of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

The motion court properly denied the nonappearing defendants' motion to dismiss the complaint as against them as abandoned based on plaintiffs' failure to seek a default judgment within one year of the nonappearing defendants' default (CPLR 3215[c]). The record demonstrates that in fact, plaintiffs never intended to abandon their action against the nonappearing defendants; on the contrary, plaintiffs granted the nonappearing defendants...

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