Federal Natl. Mtge. Assn. v Hartsfield

Holding The court affirmed the dismissal of the foreclosure action because the plaintiff failed to take proceedings for entry of judgment within one year after the defendant’s default, as required by CPLR 3215(c). The plaintiff was judicially estopped from arguing the defendant did not need to answer the amended complaint, and the defendant did not waive her right to seek dismissal by participating in the litigation.

The court’s words

plaintiff failed to "take proceedings for the entry of judgment within one year after the default" pursuant to CPLR 3215 (c)

2026 NY Slip Op 06199, at the official text

The COVID-19 pandemic did not excuse plaintiff's failure, because the pandemic did not begin until March 2020, more than a year after defendant defaulted

2026 NY Slip Op 06199, at the official text

a party who assumes a certain position in a legal proceeding may not thereafter, simply because his interests have changed, assume a contrary position

2026 NY Slip Op 06199, at the official text

defendant did not have a "known right" that she could intentionally relinquish

2026 NY Slip Op 06199, at the official text

did not constitute "active litigation of the action or participation in the action on the merits" so as to give rise to a waiver

2026 NY Slip Op 06199, at the official text