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MARY MAKROGIANNIS GAVALAS, PLAINTIFF-RESPONDENT, v. D. PODELSON, ET AL., DEFENDANTS-APPELLANTS, 325 WEST 12TH STREET ASSOCIATES, ET AL., DEFENDANTS.

A default judgment was not pursued within one year of the defendants-appellants' failure to respond to plaintiff's 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 A.D.2d 302; contrast Truong v. All Pro Air Delivery, Inc., 278 A.D.2d 45).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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GAVALAS v. PODELSON
(Sep 17, 2002)