Abandoned (3215[c])

Understanding New York’s One-Year Rule for Default Judgments

New York Civil Practice Law and Rules (CPLR) Section 3215(c) establishes a strict timeline that can make or break litigation cases. When a defendant fails to answer or appear, plaintiffs might assume they have unlimited time to pursue a default judgment. However, New York law imposes a harsh penalty for delay: if you don’t move for default judgment within one year of the defendant’s default, your case can be dismissed as abandoned.

This rule serves important judicial efficiency purposes, preventing cases from languishing indefinitely on court dockets. The Appellate Term’s recent decision in Acupuncture Works, PC v New York City Transit reinforces how seriously courts take this deadline, even when default judgments seem straightforward.

Jason Tenenbaum’s Analysis:

Acupuncture Works, PC v New York City Tr., 2014 NY Slip Op 51513(U)(App. Term 1st Dept. 2014)

“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; Giglio v NTIMP, Inc., 86 AD3d 301, 308 ; Hoppenfeld v Hoppenfeld, 220 AD2d 302, 303 ).”

The failure to answer, appear or move within one year will usually spell the end of a case since dismissal is mandatory.

Key Takeaway

CPLR 3215(c) creates a mandatory dismissal requirement that courts cannot ignore. Unlike situations where reasonable excuses might be accepted, the one-year abandonment rule demands both a viable excuse for delay AND a meritorious cause of action. This dual requirement makes recovery extremely difficult once the deadline passes.

Legal Update (February 2026): Since this post’s publication in 2014, CPLR 3215(c) provisions regarding default judgment timelines and abandonment procedures may have been subject to amendments or interpretative changes through case law developments. Additionally, court administrative practices and filing procedures related to default judgment applications may have evolved. Practitioners should verify current statutory language, recent appellate decisions, and local court rules before relying on the abandonment timeline discussed in this analysis.