Myers v. Slutsky
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated May 5, 1987, which granted the defendant Foster’s motion pursuant to CPLR 3215 (c) to dismiss the complaint insofar as it is asserted against her.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
CPLR 3215 (c) provides that if the plaintiff "fails to take proceedings for the entry of judgment within one year after [a] default, the court shall not enter judgment but shall dismiss the complaint as…
2Cases cited6 opinions
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- Valentin v. RinderAppellate Division of the Supreme Court of the State of New York · 1978
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