GAVALAS v. PODELSON

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.