Sarasota, Inc. v. Finkel

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 CELR 3215 (c), unanimously affirmed, without costs.

The court properly held that CPLR 3215 is not applicable to this case. Plaintiff s failure was not a failure to move for a default judgment but a failure to submit a money judgment to the Clerk for entry. Moreover, the court properly exercised its discretion pursuant to 22 NYCRR…