14-296 ACUPUNCTURE WORKS, PC, A/A/O WANDA HULL, plf-res, v. NEW YORK CITY TRANSIT, def-app

14-296 ACUPUNCTURE WORKS, PC, A/A/O WANDA HULL, plf-res, v. NEW YORK CITY TRANSIT, def-app — Order (Raul Cruz, J.), entered on or about August 20, 2012, reversed, without costs, cross motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

14-296 ACUPUNCTURE WORKS, PC, A/A/O WANDA HULL, plf-res, v. NEW YORK CITY TRANSIT, def-app — Order (Raul Cruz, J.), entered on or about August 20, 2012, reversed, without costs, cross motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Where a plaintiff fails to move for entry of a default judgment within one year of a defendant’s default in answering, dismissal of the underlying action as abandoned is required in the absence of a proper showing by plaintiff of a viable excuse for the delay and a meritorious cause of action (see CPLR 3215[c][court "shall" dismiss claims for which default judgments are not sought within the requisite one-year period]; Giglio v. NTIMP, Inc., 86 AD3d 301, 308 [2011]; Hoppenfeld v. Hoppenfeld, 220 AD2d 302, 303 [1995]). Here, the moving papers submitted by plaintiff in support of its untimely motion for a default judgment failed to address the reason(s) for its delay and plaintiff submitted no opposition papers in response to defendant’s cross motion to dismiss the complaint as abandoned. In these circumstances, and giving proper effect to the mandatory language of CPLR 3215(c), the court was obliged to grant defendant’s unopposed cross motion to dismiss.

14-296 ACUPUNCTURE WORKS, PC, A/A/O WANDA HULL, plf-res, v. NEW YORK CITY TRANSIT, def-app

14-296 ACUPUNCTURE WORKS, PC, A/A/O WANDA HULL, plf-res, v. NEW YORK CITY TRANSIT, def-app — Order (Raul Cruz, J.), entered on or about August 20, 2012, reversed, without costs, cross motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal