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DEUTSCHE BANK NATIONAL TRUST COMPANY v. CRUZ

9736, 35504/13E.

173 A.D.3d 610 (2019)

102 N.Y.S.3d 601

2019 NY Slip Op 05097

Deutsche Bank National Trust Company, Respondent, v. Carmen Cruz, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 25, 2019.

The language of CPLR 3215(c), requiring dismissal of an action where judgment is not sought within a year of a default is not discretionary, but mandatory (HSBC Bank USA, N.A. v Grella, 145 A.D.3d 669, 671 [2d Dept 2016]). The statute excepts cases where "sufficient cause" is shown, but a plaintiff opposing dismissal is required "to proffer a reasonable excuse for the delay in timely moving for a default judgment and to demonstrate...

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