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