Wilmington Savings Fund Society, FSB v Dresdner

Holding The Appellate Division reversed the lower court’s denial of the defendants’ motion to dismiss the complaint as abandoned under CPLR 3215(c). The court held that the plaintiff failed to take proceedings for entry of judgment within one year of default and failed to establish a reasonable excuse for the delay.

The court’s words

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

2026 NY Slip Op 05350, at the official text

the defendants did not serve an answer or participate in the action on the merits prior to cross-moving in July 2018

2026 NY Slip Op 05350, at the official text

BAC's conclusory and unsubstantiated assertions that periods of delay were attributable to efforts to comply with Administrative Order 548/10 and the effects of Hurricane Sandy were insufficient to excuse the lengthy delay

2026 NY Slip Op 05350, at the official text