On February 5, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Garriques, 2025 NY Slip Op. 00648, holding that a defendant forfeited the right to seek dismissal for failure timely to seek a default judgment by serving a late answer, explaining:
Pursuant to CPLR 3215(c), an action is deemed abandoned where a default has occurred and a plaintiff has failed to take proceedings for the entry of a judgment within one year thereafter. It is not necessary for a plaintiff to actually obtain a default judgment within one year of the default in order to avoid dismissal pursuant to CPLR 3215(c). Nor is a plaintiff required to specifically seek the entry of a judgment within one year. As long as the plaintiff has initiated proceedings for the entry of a judgment within one year of the default, there is no basis for dismissal of the complaint pursuant to CPLR 3215(c).
A defendant may waive the right to seek dismissal pursuant to CPLR 3215(c) by serving an answer or taking any other steps which may be viewed as a formal or informal appearance. Here, the defendants waived their right to seek dismissal of the complaint insofar as asserted against them by serving an untimely answer in the action.
(Internal citations omitted).