INACTION RESULTED IN FORECLOSURE’S DISMISSAL
When a motion to vacate the judgment of foreclosure (which had been entered on default), and to dismiss the action, was denied by the New York County Supreme Court, an appeal ensued.
And on its review of the record, the Appellate Division, First Department, thought the court below had committed reversible error since the bank had violated state law – CPLR 3215(c) -- by waiting some four years to seek entry of the default.
To that end, the statute provides:
If the 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, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed. A motion by the defendant under this subdivision does not constitute an appearance in the action.
Given the lender’s failure to provide “sufficient cause for the delay,” the AD1 thought that the requested relief should have been granted, and the action dismissed.
That sure foreclosed that ….
# # #
DECISION