205 toll

Understanding CPLR 3215(c) and Its Malpractice Implications

CPLR 3215(c) provides that when a plaintiff obtains a default but fails to move for a default judgment within one year, the court must dismiss the action on its own motion or on the defendant’s motion. This provision serves important policy objectives, preventing plaintiffs from holding defaults over defendants indefinitely and ensuring case progression. However, the interaction between CPLR 3215(c) dismissals and CPLR 205(a)‘s six-month savings provision creates significant uncertainty for plaintiffs whose cases are dismissed under this rule. If you’re dealing with a no-fault insurance defense matter, an experienced attorney can help protect your rights.

CPLR 205(a) allows plaintiffs whose actions are dismissed for non-merits reasons to refile within six months if their statute of limitations has expired. This savings provision prevents technical dismissals from permanently barring otherwise valid claims. However, courts have held that 205(a) doesn’t apply to dismissals based on plaintiff’s failure to prosecute or general pattern of delay. The question in cases like U.S. Bank v Jalas is whether CPLR 3215(c) dismissals fall into the category of technical dismissals that permit refiling, or dilatory conduct dismissals that bar refiling.

Case Background: U.S. Bank N.A. v Jalas

Jason Tenenbaum’s Analysis:

U.S. Bank N.A. v Jalas, 2021 NY Slip Op 03506 (3d Dept. 2021)

I have always cringed when a case gets dismissed based upon 3215(c) because, in my mind, that was a malpractice trap. As a defendant, I always smiled because it was an I got you moment. As a Plaintiff, well no comment. But the thinking was a 3215(c) dismissal as a plaintiff spelled a letter to the malpractice carrier.

Not true, I am surprised.

The Court’s Analysis

“Although this seven-year delay in moving for a default judgment is lengthy, it does not rise to the level of neglect. To be sure, the Court of Appeals has found neglect to prosecute as a “correct description” when a plaintiff engaged in a “series of discovery defaults,” and the trial court, in its [*3]dismissal order, has referred to the plaintiff’s “failure … to comply with discovery deadlines,” “delays,” “disregard for the case management order and scheduling order,” “lack of diligence,” “inactions” and “laxity” (Andrea v Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C. , 5 NY3d 514, 521 ; see Santiago v City of New York, 77 AD3d 561, 561 ). Additionally, although this seven-year delay in moving for a default judgment is comparatively longer than the delays previously before this Court (see U.S. Bank Trust, N.A. v Moomey-Stevens, 168 AD3d at 1171), it is noted that the Second Department recently ruled that the savings provision was still applicable to a subsequent action when the prior action was dismissed pursuant to CPLR 3215 (c) for failure to move for a judgment against a defendant for “almost seven years” because the trial court did not include findings of specific conduct demonstrating a general pattern of delay in proceeding with litigation (HSBC Bank USA, N.A. v Janvier, 187 AD3d 999, 1001 “

Legal Significance: Distinguishing Delay from Neglect

The Third Department’s analysis in Jalas establishes an important distinction between simple delay in moving for default judgment and the broader pattern of dilatory conduct that constitutes neglect to prosecute. The court acknowledged the seven-year delay was “lengthy” but found it didn’t rise to “neglect” level. This holding depends on what the plaintiff did—or didn’t do—during those seven years.

Neglect to prosecute requires more than just letting time pass after obtaining a default. It requires a pattern of conduct showing the plaintiff has abandoned the case or demonstrated unwillingness to move it forward. The Andrea case cited by the court exemplifies true neglect: discovery defaults, missed deadlines, disregard of court orders, and general laxity across multiple procedural obligations. Such conduct shows the plaintiff isn’t seriously prosecuting the action.

In contrast, simply failing to move for default judgment—while certainly a significant lapse—doesn’t necessarily demonstrate general neglect, particularly in foreclosure cases where institutional plaintiffs may have business reasons for delaying judgment entry. The court’s analysis suggests that when CPLR 3215(c) dismissal results from isolated failure to seek default judgment, without broader patterns of procedural violations, the savings provision remains available.

Practical Implications for Foreclosure Plaintiffs

For foreclosure plaintiffs and their attorneys, Jalas provides important—and surprising—protection against malpractice exposure. Attorneys who fail to timely move for default judgment may still preserve their clients’ claims through refiling under CPLR 205(a), at least absent aggravating factors showing general neglect. However, this holding shouldn’t encourage complacency. Better practice requires calendaring systems ensuring default judgment motions are filed within CPLR 3215(c)‘s one-year deadline.

The decision also affects strategic considerations in foreclosure litigation. Lenders sometimes deliberately delay seeking default judgments for business reasons—hoping borrowers will cure defaults, negotiating forbearance agreements, or managing the pace of foreclosure inventory. Jalas suggests such strategic delays won’t necessarily bar refiling if CPLR 3215(c) dismissal results, though lenders risk losing priority if new liens attach during the delay.

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