Fuentes v. Virgil
This text of 88 A.D.3d 643 (Fuentes v. Virgil) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[644]*644The defendant Rosa Martinez cross-moved, inter alia, to dismiss the complaint insofar as asserted against her by the plaintiff Sergio Fuentes as abandoned on the ground that Fuentes “fail[ed] to take proceedings for the entry of judgment within one year” after she defaulted in this action (CPLR 3215 [c]). However, rather than moving for such relief before Fuentes entered a default judgment against her, Martinez did not move for such relief until after Fuentes had already entered the default judgment against her. As such, the Supreme Court properly denied that branch of Martinez’s cross motion which was to dismiss the complaint insofar as asserted against her by Fuentes as abandoned pursuant to CPLR 3215 (c), as it was untimely (see Weinstein-Korn-Miller, NY Civ Prac 1Í 3215.15 [2d ed]). Mastro, J.E, Florio, Leventhal, Belen and Cohen, JJ., concur.
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Cite This Page — Counsel Stack
88 A.D.3d 643, 930 N.Y.2d 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuentes-v-virgil-nyappdiv-2011.