Herzbrun v. Levine

Order, entered on December 21, 1964, unanimously affirmed, without costs and without disbursements. No opinion. Order, entered on December 21, 1964, denying defendant-appellant’s motion pursuant to CPLR 3215 (subd. [e]) for an order dismissing the complaint as abandoned, unanimously reversed, on the law and on the facts and in the exercise of discretion, without costs and without disbursements, the motion granted, and the complaint dismissed. Since plaintiffs failed to take proceedings for the entry of judgment within one year after defendant-appellant’s default in pleading, dismissal of the…