Stocker v. City of New York

This is a motion to dismiss a complaint in a negligence action for failure of prosecution. The motion is based on plaintiff’s omission, for more than a year, to enter a default judgment against the only one of four codefendants who failed to answer the complaint. The defaulting codefendant moves under CPLR 3215 (subd. [c]), which directs the relief sought ‘ ‘ unless sufficient cause is shown why the complaint should not be dismissed. ”

On the law and the facts, and in the exercise of its discretion, the court determines that there is sufficient cause why this complaint should not be dismissed.…