Asnes v. Hinds

*329OPINION OF THE COURT

Alan L. Lebowitz, J.

Defendant Neptune Rent-A-Car moves for an order, pursuant to CPLR 3215 (c), dismissing the codefendant’s, Alan Hinds, counterclaim against the plaintiff Melvin Asnes on the grounds that defendant Hinds has failed to institute proceedings for entry of a default judgment on the counterclaim within one year from the date of default.

The instant action arises out of an automobile accident in which plaintiff Melvin Asnes was operating a vehicle owned by defendant Neptune Rent-A-Car. It is alleged that the vehicle owned and operated by Hinds came into contact…