Insurance Co. of North America v. Reifler

The principal issue is whether the complaint as against defendant Bafsky was properly dismissed, upon his motion, for the plaintiff’s failure to take proceedings for entry of a default judgment under subdivision (c) of CPLB 3215, which provides in part: “ If the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned * * * unless sufficient cause is shown why the complaint should not be dismissed.”

The action was commenced against Bafsky 'by substituted service of the…