James Vargas v. Mavino Realty Co., Inc., Metropolitan Landmark Realty Inc., et al.
Attorneys and Parties
Brief Summary
Civil procedure—abandonment of claims for failure to timely seek default judgment under CPLR 3215(c) [courts shall dismiss claims for which default judgments are not sought within one year].
Denied Mavino Realty Co., Inc.’s motion to vacate a default judgment and refused to dismiss the action as abandoned.
The denial of the motion to vacate, the continued effect of the default judgment, and the refusal to dismiss the complaint.
Plaintiff failed to obtain or properly pursue default judgment within one year of defendants’ default; after an initial 2011 motion was denied without prejudice for deficient proof, plaintiff waited until 2023 to seek entry again and did not secure a default judgment until 2024, without showing sufficient cause for the lengthy delay. CPLR 3215(c) is mandatory, requiring dismissal.
Background
Defendants defaulted in 2011. Plaintiff moved for a default judgment in October 2011, but the Supreme Court denied the motion without prejudice due to insufficient proof of service and lack of a proper affidavit of merit. Plaintiff took no successful action toward entry of a default judgment until 2023 and obtained one only on a fourth application in 2024. Mavino moved to vacate the default judgment and to dismiss the action as abandoned under CPLR 3215(c).
Lower Court Decision
Supreme Court, Bronx County (order entered March 25, 2025) denied Mavino’s motion to vacate the July 11, 2024 default judgment and declined to dismiss the action.
Appellate Division Reversal
Reversed on the law. The Appellate Division granted Mavino’s motion, vacated the default, and dismissed the complaint as abandoned under CPLR 3215(c). The Clerk was directed to enter judgment accordingly.
Legal Significance
Reaffirms the mandatory nature of CPLR 3215(c) in the First Department: a plaintiff who fails to take proceedings for entry of judgment within one year after a defendant’s default—and who cannot demonstrate sufficient cause for delay—faces dismissal for abandonment, even if a default judgment is later obtained after multiple applications.
In New York, plaintiffs must diligently pursue default judgments within one year of default or show sufficient cause for delay; repeated, deficient or delayed applications do not toll CPLR 3215(c) and will result in mandatory dismissal.