Sarasota, Inc. v Tina Finkel

Sarasota, Inc. v Finkel 2004 NY Slip Op 04092 [7 AD3d 421] May 20, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 28, 2004

Sarasota, Inc., Doing Business as Credit Control Management, Respondent,
v
Tina Finkel, Also Known as Tina F. Mulligan, et al., Appellants.

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Order, Supreme Court, New York County (Ira Gammerman, J.), entered April 11, 2003, which, to the extent appealed from as limited by the brief, denied defendants' cross motion to dismiss the complaint for failure to enter a default judgment within one year, pursuant to CPLR 3215 (c), unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

In view of plaintiff's unexplained failure to seek a default judgment in the nine years that have elapsed since defendants' default, defendants' cross motion to dismiss the complaint for plaintiff's failure to seek entry of the judgment within one year after the default should have been granted (CPLR 3215 [c]). Concur—Tom, J.P., Saxe, Ellerin, Lerner and Gonzalez, JJ.