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29 New York opinions name it 1 courts 2011–2026 14 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Deutsche Bank Natl. Trust Co. v. Brathwaitegreen2 sentences2026Trust Co. v Brathwaite , 197 AD3d 557, 557-558 [internal quotation marks omitted], quoting Giglio v NTIMP, Inc. , 86 AD3d 301, 308 ). "'This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious'" ( id. at 558, quoting Giglio v NTIMP, Inc. , 86 AD3d at 308 ). 2025Trust Co. v Brathwaite , 197 AD3d 557, 557-558 [2d Dept 2021]). | 3 | 4 |
Solano v. Castrogreen2 sentences2014“This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious” (Giglio v NTIMP, Inc., 86 AD3d at 308 ; see Ryant v Bullock, 77 AD3d 811, 811 [2010]; Solano v Castro, 72 AD3d 932, 932-933 [2010]; 115-41 St. 2014“This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious” (Giglio v NTIMP, Inc., 86 AD3d at 308 ; see Ryant v Bullock, 77 AD3d 811, 811 [2010]; Solano v Castro, 72 AD3d 932, 932-933 [2010]; 115-41 St. | 3 | 3 |
Giglio v. NTIMP Inc.green2 sentences2026Pursuant to CPLR 3215(c), "[i]f 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 language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as [the] courts "shall" dismiss claims (CPLR 3215[c]) for which default judgments are not sought within the requisite one-year period, as those claims are then deemed abandoned'" ( Noteworthy Foreclosure 2026Pursuant to CPLR 3215(c), "[i]f 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 language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as [the] courts "shall" dismiss claims (CPLR 3215[c]) for which default judgments are not sought within the requisite one-year period, as those claims are then deemed abandoned'" ( Noteworthy Foreclosure | 2 | 20 |
U.S. Bank, Natl. Assn. v. Laulichtgreen2 sentences2021"This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default [*2]judgment, plus a demonstration that the cause of action is potentially meritorious" ( Giglio v NTIMP, Inc. , 86 AD3d at 308 ; see U.S. Bank, N.A. v Laulicht , 176 AD3d at 893; Bank of N.Y. v Kushnir , 150 AD3d 946, 948 ). 2021CPLR 3215(c) provides, in pertinent part, that "[i]f 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, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed." "The one exception to the otherwise mandatory language of CPLR 3215(c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if 'sufficient cause is shown why the complaint should not be | 2 | 2 |
Ryant v. Bullockgreen2 sentences2014“This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious” (Giglio v NTIMP, Inc., 86 AD3d at 308 ; see Ryant v Bullock, 77 AD3d 811, 811 [2010]; Solano v Castro, 72 AD3d 932, 932-933 [2010]; 115-41 St. 2014“This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious” (Giglio v NTIMP, Inc., 86 AD3d at 308 ; see Ryant v Bullock, 77 AD3d 811, 811 [2010]; Solano v Castro, 72 AD3d 932, 932-933 [2010]; 115-41 St. | 2 | 2 |
Bank of N.Y. v. Pielochgreen2 sentences2026CPLR 3215(c) provides that "[i]f 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, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed." "The language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as courts 'shall' dismiss claims for which default judgments are not sought within the requisite one-year period, as those claims are then deemed abandoned 2025"The one exception to the otherwise mandatory language of CPLR 3215(c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if sufficient cause is shown why the complaint should not be dismissed" ( id. at 648-649). | 1 | 3 |
HSBC Bank USA, N.A. v. Crossgreen2 sentences2026Trust Co. v O'Connor , 223 AD3d 872 , 874; HSBC Bank USA, N.A. v Cross , 205 AD3d 779 , 781). "'The one exception to the otherwise mandatory language of CPLR 3215(c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if sufficient cause is shown why the complaint should not be dismissed'" ( Deutsche Bank Natl. 2023Pursuant to CPLR 3215(c), "[i]f the plaintiff fails to take proceedings for the entry of a 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 language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as the courts 'shall' dismiss claims (CPLR 3215[c]) for which default judgments are not sought within the requisite one-year period, as those claims are then deemed abandoned" ( Giglio v NTIMP, Inc. , 8 | 1 | 2 |
Deutsche Bank Natl. Trust Co. v. Singhgreen1 sentence2026Trust Co. v Singh , 236 AD3d at 860-861, quoting Bank of N.Y. v Pieloch , 217 AD3d 647, 648-649 ). | 1 | 1 |
U.S. Bank, N.A. v. Reamergreen1 sentence2022"If [a] 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 abandoned, without costs, upon its own initiative or on motion, unless sufficient cause is shown why the complaint should not be dismissed" ( id .). " 'The one exception to the otherwise mandatory language of CPLR 3215 (c) is that the failure to timely seek a default on an unanswered complaint . . . may be excused if sufficient cause is shown why the complaint should not be dismissed' " ( U.S. Bank, N.A. v [*2]Reamer , 18 | 1 | 1 |
Fuentes v. Hoffmangreen1 sentence2022Sufficient cause exists where " '(1) the failure to seek a default judgment within one year after the default is excusable[,] and (2) the cause of action is meritorious' " ( Fuentes v Hoffman , 118 AD3d 1324, 1325 [4th Dept 2014]). | 1 | 1 |
Zenzillo v. Underwriters at Lloyd's Londongreen1 sentence2020"The one exception to the otherwise mandatory language of CPLR 3215 (c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if sufficient cause is shown why the complaint should not be dismissed" ( BAC Home Loans Servicing, L.P. v Bertram , 171 AD3d 994 , 995 [2d Dept 2019] [internal quotation marks omitted]; see Zenzillo v Underwriters at Lloyd's London , 78 AD3d 1540 , 1541 [4th Dept 2010]). | 1 | 1 |
Morton v. Mortongreen1 sentence2020In order to establish " 'sufficient cause,' plaintiff was required to present a valid excuse for [its] delay in proceeding with the action and to demonstrate a meritorious claim" ( Morton v Morton , 136 AD2d 902, 902 [4th Dept 1988]; see BAC Home Loans Servicing, L.P. , 171 AD3d at 995). | 1 | 1 |
BAC Home Loans Servicing, L.P. v. Bertramgreen2 sentences2020In order to establish " 'sufficient cause,' plaintiff was required to present a valid excuse for [its] delay in proceeding with the action and to demonstrate a meritorious claim" ( Morton v Morton , 136 AD2d 902, 902 [4th Dept 1988]; see BAC Home Loans Servicing, L.P. , 171 AD3d at 995). 2020"The one exception to the otherwise mandatory language of CPLR 3215 (c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if sufficient cause is shown why the complaint should not be dismissed" ( BAC Home Loans Servicing, L.P. v Bertram , 171 AD3d 994 , 995 [2d Dept 2019] [internal quotation marks omitted]; see Zenzillo v Underwriters at Lloyd's London , 78 AD3d 1540 , 1541 [4th Dept 2010]). | 1 | 1 |
Wells Fargo Bank, N.A. v. Kahanagreen1 sentence2017“This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious” (Giglio v NTIMP, Inc., 86 AD3d at 308 ; see Wells Fargo Bank, N.A. v Kahana, 153 AD3d 1300 [2017]; Pipinias v J. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
1200 Bedford Ave., LLC v. Grace Baptist Church
green
2 sentences2026Pursuant to CPLR 3215(c), "[i]f 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 language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as [the] courts "shall" dismiss claims (CPLR 3215[c]) for which default judgments are not sought within the requisite one-year period, as those claims are then deemed abandoned'" ( Noteworthy Foreclosure 2023Pursuant to CPLR 3215(c), "[i]f the plaintiff fails to take proceedings for the entry of a 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 language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as the courts 'shall' dismiss claims (CPLR 3215[c]) for which default judgments are not sought within the requisite one-year period, as those claims are then deemed abandoned" ( Giglio v NTIMP, Inc. , 8 | 2 | 2023–2026 |
Deutsche Bank Natl. Trust Co. v. O'Connor
green
2 sentences2026Trust Co. v O'Connor , 223 AD3d 872 , 874; HSBC Bank USA, N.A. v Cross , 205 AD3d 779 , 781). "'The one exception to the otherwise mandatory language of CPLR 3215(c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if sufficient cause is shown why the complaint should not be dismissed'" ( Deutsche Bank Natl. 2026Trust Co. v O'Connor , 223 AD3d 872 , 874). | 2 | 2026–2026 |
US Bank N.A. v. Perez
green
2 sentences2025This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious ( see id. at 649; US Bank N.A. v Perez , 203 AD3d 988 , 989; Deutsche Bank Natl. 2023This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious ( see US Bank N.A. v Perez , 203 AD3d 988, 989 ; Deutsche Bank Natl. | 2 | 2023–2025 |
Bank of New York v. Kushnir
green
2 sentences2021"This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default [*2]judgment, plus a demonstration that the cause of action is potentially meritorious" ( Giglio v NTIMP, Inc. , 86 AD3d at 308 ; see U.S. Bank, N.A. v Laulicht , 176 AD3d at 893; Bank of N.Y. v Kushnir , 150 AD3d 946, 948 ). 2019"The one exception to the otherwise mandatory language of CPLR 3215(c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if sufficient cause is shown why the complaint should not be dismissed'" ( Giglio v NTIMP, Inc. , 86 AD3d 301, 308 , quoting CPLR 3215[c]). " This Court has interpreted this language as requiring both a reasonable excuse for the delay in timely moving for a default judgment, plus a demonstration that the cause of action is potentially meritorious'" ( Bank of N.Y. v Kushnir , 150 AD3d at 948 , quoting Giglio v NTIMP, Inc. , | 2 | 2019–2021 |
HSBC Bank USA, National Ass'n v. Grella
green
1 sentence2026Pursuant to CPLR 3215(c), "[i]f 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 language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as [the] courts "shall" dismiss claims (CPLR 3215[c]) for which default judgments are not sought within the requisite one-year period, as those claims are then deemed abandoned'" ( Noteworthy Foreclosure | 1 | 2026–2026 |
Noteworthy Foreclosure, LLC v. Rodney-Ross
green
1 sentence2026Pursuant to CPLR 3215(c), "[i]f 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 language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as [the] courts "shall" dismiss claims (CPLR 3215[c]) for which default judgments are not sought within the requisite one-year period, as those claims are then deemed abandoned'" ( Noteworthy Foreclosure | 1 | 2026–2026 |
Chase Home Fin., LLC v. Dasuja
green
1 sentence2023Pursuant to CPLR 3215(c), "[i]f the plaintiff fails to take proceedings for the entry of a 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 language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as the courts 'shall' dismiss claims (CPLR 3215[c]) for which default judgments are not sought within the requisite one-year period, as those claims are then deemed abandoned" ( Giglio v NTIMP, Inc. , 8 | 1 | 2023–2023 |
JPMorgan Chase Bank, N.A. v. Greenberg
green
1 sentence2021"The one exception to the otherwise mandatory language of CPLR 3215(c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if 'sufficient cause is shown why the complaint should not be dismissed'" ( JPMorgan Chase Bank, N.A. v Greenberg , 177 AD3d 860 , 861, quoting CPLR 3215[c]). "'To establish "sufficient cause," the party opposing dismissal must demonstrate that it had a reasonable excuse for the delay in taking proceedings for entry of a default judgment and that it has a potentially meritorious action'" ( Flushing Bank v Sabi , 182 AD3d 5 | 1 | 2021–2021 |
Flushing Bank v. Sabi
neutral
1 sentence2021"The one exception to the otherwise mandatory language of CPLR 3215(c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if 'sufficient cause is shown why the complaint should not be dismissed'" ( JPMorgan Chase Bank, N.A. v Greenberg , 177 AD3d 860 , 861, quoting CPLR 3215[c]). "'To establish "sufficient cause," the party opposing dismissal must demonstrate that it had a reasonable excuse for the delay in taking proceedings for entry of a default judgment and that it has a potentially meritorious action'" ( Flushing Bank v Sabi , 182 AD3d 5 | 1 | 2021–2021 |
Deutsche Bank Natl. Trust Co. v. Charles
green
1 sentence2021Trust Co. v Charles , 186 AD3d at 456 , quoting Butindaro v Grinberg , 57 AD3d 932, 933 ). | 1 | 2021–2021 |
Aurora Loan Services, LLC v. Hiyo
green
1 sentence2021"The one exception to the otherwise mandatory language of CPLR 3215(c) is that the failure to timely seek a default on an unanswered complaint or counterclaim may be excused if 'sufficient cause is shown why the complaint should not be dismissed'" ( JPMorgan Chase Bank, N.A. v Greenberg , 177 AD3d 860 , 861, quoting CPLR 3215[c]). "'To establish "sufficient cause," the party opposing dismissal must demonstrate that it had a reasonable excuse for the delay in taking proceedings for entry of a default judgment and that it has a potentially meritorious action'" ( Flushing Bank v Sabi , 182 AD3d 5 | 1 | 2021–2021 |
Butindaro v. Grinberg
green
1 sentence2021Trust Co. v Charles , 186 AD3d at 456 , quoting Butindaro v Grinberg , 57 AD3d 932, 933 ). | 1 | 2021–2021 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.