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Gavalas v. Podelson

297 A.D.2d 535 Court N.Y. App. Div. Decision date 2002-09-17 English

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p. 535
Mary M. Gavalas, Respondent, v D. Podelson et al., Appellants, et al., Defendants.
[746 NYS2d 902]
p. 536
A default judgment was not pursued within one year of the defendants-appellants’ failure to respond to plaintiffs summons with notice. Thereafter, in response to defendants-appellants’ resulting motion to dismiss, the standard was not met pursuant to CPLR 3215 (c). Therefore, the Supreme Court should have granted defendants-appellants’ motion and dismissed the underlying action insofar as asserted against them (see Hoppenfeld v Hoppenfeld, 220 AD2d 302 ; contrast Truong v All Pro Air Delivery, 278 AD2d 45 ). Concur — Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger and Marlow, JJ.