Edison Med. Servs., P.C. v Clarendon Natl. Ins. Co., 2015 NY Slip Op 50479(U)(App. Term 2d Dept. 2015)
“CPLR 3215 (c) requires that a plaintiff commence proceedings for the entry of a default judgment within one year after the default. Where a plaintiff has made an application to the court for the entry of a default judgment within that period, the court may not later dismiss the complaint as abandoned pursuant to CPLR 3215 (c) (see U.S. Bank N.A. v Poku, 118 AD3d 980 [2014]; Jones v Fuentes, 103 AD3d 853 [2013]), even where, as here, the application was unsuccessful”
So in this case (as we have seen before), an application for leave to enter a default judgment was taken. Something happened, more than a year elapsed, and now a motion to dismiss (3215[c]) ensues. Does not work.
