Costello v. Reilly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Jamieson, J.), entered February 6, 2006, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 306-b and 3215 (c).
Ordered that the order is affirmed, with costs.
Since the plaintiffs failed to move for leave to enter a default judgment within one year after the defendant Steven P Reilly (hereinafter Reilly) defaulted in answering the complaint (see CPLR 3215 [c]), they were required, in order to avoid dismissal of the complaint as to that…
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