Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, that branch of the defendant's motion which was to dismiss the complaint is granted, and the plaintiff's cross motion is denied.
It is uncontroverted that the plaintiff failed to move for leave to enter a default judgment within one year after the defendant defaulted in answering the complaint (see CPLR 3215 [c]). Accordingly, in order to avoid the dismissal of the...
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