Aurora Loan Services, LLC v Miller

Holding The Supreme Court erred in dismissing the complaint as abandoned because the plaintiff filed a request for judicial intervention within one year of the defendant’s default, satisfying CPLR 3215(c). The court reversed the dismissal, granted the motion to substitute the new property owner as a defendant, and remitted the matter for a determination on the remaining motion branches.

The court’s words

the filing of a request for judicial intervention that seeks a residential mortgage foreclosure settlement conference as mandated by CPLR 3408 constitutes the taking of proceedings under CPLR 3215(c)

2026 NY Slip Op 05153, at the official text

it was not required to proffer a reasonable excuse or demonstrate a potentially meritorious cause of action

2026 NY Slip Op 05153, at the official text

the Supreme Court should have granted that branch of the plaintiff's motion which was pursuant to CPLR 1018 and, in effect, CPLR 1021 and 3025(b)

2026 NY Slip Op 05153, at the official text