section 3215(c) otherwise mandatory (New York) · Go Syfert
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section 3215(c) otherwise mandatory in New York

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.

Followed or applied (14)

CaseFollowedCited
Deutsche Bank Natl. Trust Co. v. Brathwaitegreen
nyappdiv · 2021 · cited in 4 New York opinions naming this issue, 2022–2026
2 sentences

2026Trust 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]).

34
Solano v. Castrogreen
nyappdiv · 2010 · cited in 3 New York opinions naming this issue, 2011–2014
2 sentences

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.

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.

33
Giglio v. NTIMP Inc.green
nyappdiv · 2011 · cited in 20 New York opinions naming this issue, 2014–2026
2 sentences

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

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

220
U.S. Bank, Natl. Assn. v. Laulichtgreen
nyappdiv · 2019 · cited in 2 New York opinions naming this issue, 2021–2021
2 sentences

2021"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

22
Ryant v. Bullockgreen
nyappdiv · 2010 · cited in 2 New York opinions naming this issue, 2014–2014
2 sentences

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.

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.

22
Bank of N.Y. v. Pielochgreen
nyappdiv · 2023 · cited in 3 New York opinions naming this issue, 2025–2026
2 sentences

2026CPLR 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).

13
HSBC Bank USA, N.A. v. Crossgreen
nyappdiv · 2022 · cited in 2 New York opinions naming this issue, 2023–2026
2 sentences

2026Trust 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

12
Deutsche Bank Natl. Trust Co. v. Singhgreen
nyappdiv · 2025 · cited in 1 New York opinions naming this issue, 2026–2026
1 sentence

2026Trust Co. v Singh , 236 AD3d at 860-861, quoting Bank of N.Y. v Pieloch , 217 AD3d 647, 648-649 ).

11
U.S. Bank, N.A. v. Reamergreen
nyappdiv · 2020 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022"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

11
Fuentes v. Hoffmangreen
nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2022–2022
1 sentence

2022Sufficient 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]).

11
Zenzillo v. Underwriters at Lloyd's Londongreen
nyappdiv · 2010 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

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]).

11
Morton v. Mortongreen
nyappdiv · 1988 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020In 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).

11
BAC Home Loans Servicing, L.P. v. Bertramgreen
nyappdiv · 2019 · cited in 1 New York opinions naming this issue, 2020–2020
2 sentences

2020In 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]).

11
Wells Fargo Bank, N.A. v. Kahanagreen
nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017“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.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
1200 Bedford Ave., LLC v. Grace Baptist Church green
nyappdiv · 2021
2 sentences

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

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

22023–2026
Deutsche Bank Natl. Trust Co. v. O'Connor green
nyappdiv · 2024
2 sentences

2026Trust 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).

22026–2026
US Bank N.A. v. Perez green
nyappdiv · 2022
2 sentences

2025This 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.

22023–2025
Bank of New York v. Kushnir green
nyappdiv · 2017
2 sentences

2021"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. ,

22019–2021
HSBC Bank USA, National Ass'n v. Grella green
nyappdiv · 2016
1 sentence

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

12026–2026
Noteworthy Foreclosure, LLC v. Rodney-Ross green
nyappdiv · 2023
1 sentence

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

12026–2026
Chase Home Fin., LLC v. Dasuja green
nyappdiv · 2022
1 sentence

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

12023–2023
JPMorgan Chase Bank, N.A. v. Greenberg green
nyappdiv · 2019
1 sentence

2021"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

12021–2021
Flushing Bank v. Sabi neutral
nyappdiv · 2020
1 sentence

2021"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

12021–2021
Deutsche Bank Natl. Trust Co. v. Charles green
nyappdiv · 2020
1 sentence

2021Trust Co. v Charles , 186 AD3d at 456 , quoting Butindaro v Grinberg , 57 AD3d 932, 933 ).

12021–2021
Aurora Loan Services, LLC v. Hiyo green
nyappdiv · 2015
1 sentence

2021"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

12021–2021
Butindaro v. Grinberg green
nyappdiv · 2008
1 sentence

2021Trust Co. v Charles , 186 AD3d at 456 , quoting Butindaro v Grinberg , 57 AD3d 932, 933 ).

12021–2021

Statutes the citing opinions construe

NY § N.Y. CPLR § 3215 (29)

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.

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