Duperval
v.
Hoyle

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentMay 8, 2000
707 N.Y.S.2d 363 (N.Y. App. Div. 2000)
707 N.Y.S.2d 363272 A.D.2d 369

Submitted March 29, 2000.

May 8, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Weiner, J.), dated June 17, 1999, which granted the defendants' motion to vacate a judgment of the same court, dated October 1, 1998, entered upon their default in answering, and dismissed the action pursuant to CPLR 3215(c).

Allyson J. Silverman, Spring Valley, N.Y., for appellants.

Adelson Slater, LLP, New City, N.Y. (Stephen H. Slater of counsel), for respondents.

LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Since the plaintiffs failed to take proceedings for the entry of judgment within one year after the defendants' default, the Supreme Court did not err in granting the defendants' motion to vacate the default judgment and in dismissing the complaint (see, CPLR 3215 [c]; cf., Woodward v. City of New York, 119 A.D.2d 749; Rosenbaum v. Ace Tr. Corp., 112 A.D.2d 210).

BRACKEN, J.P., JOY, THOMPSON, GOLDSTEIN and FEUERSTEIN, JJ., concur.