![]() ![]() A motion by the defendant under this subdivision does not constitute an appearance in the action. If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed. However, the plaintiff is required to do so within one year after the default, as required by subsection (c) thereof: Default not entered within one year: CPLR 3215: when defendant fails to appear in an action, plaintiff may seek default judgment Plaintiff must move for a default judgment within one year.ĬPLR 3215 provides that, when a defendant has failed to appear in an action, the plaintiff may seek a default judgment against him. ![]()
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