HSBC Bank USA, National Association, etc., v Joy Wharton, etc., et al., defendants; Property 1501, LLC, nonparty-respondent

Holding The court affirmed the dismissal of the complaint against Joy Wharton as abandoned under CPLR 3215(c) due to the plaintiff’s failure to move for default judgment within one year. However, the court reversed the dismissal of the complaint against the remaining defendants under CPLR 306-b because the nonparty movant lacked standing as a successor in interest to those specific defendants.

The court’s words

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

2026 NY Slip Op 05172, at the official text

The record fails to demonstrate that any of the remaining defendants conveyed an interest in the subject property to Property 1501 such that Property 1501 had standing

2026 NY Slip Op 05172, at the official text

its assertion that its delay of more than seven years between Joy's default and Property 1501's motion to dismiss was attributable to delays in obtaining letters of administration for the decedent's estate was insufficient to excuse its substantial delay

2026 NY Slip Op 05172, at the official text