Wilmington Sav. Fund Socy. v. Hyo Choong Sung

Summary

The Appellate Division, First Department, affirmed an order denying a nonparty appellant's motion to vacate prior orders and a foreclosure judgment and to dismiss the action as abandoned under CPLR 3215(c). The court held that the plaintiff provided a reasonable excuse for its delay in seeking a default judgment and that the record otherwise showed no abandonment of the action.

Holdings

1. Dismissal was not warranted because plaintiff provided a reasonable excuse for its delay in seeking a default judgment against the appellant and the record otherwise demonstrated that plaintiff had not abandoned the action.
2. The arguments supporting vacatur of the prior orders and judgment of foreclosure and sale were unavailing.

Questions Presented

1. Whether the action should be dismissed as abandoned under CPLR 3215(c) because plaintiff delayed in seeking a default judgment against the appellant.
2. Whether the motion court properly denied the request to vacate the prior orders and judgment of foreclosure and sale.

Disposition

affirmed