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VICTOR DE ROSA v. FRANCIS J. LA SALA (01/13/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


January 13, 1969

VICTOR DE ROSA, RESPONDENT,
v.
FRANCIS J. LA SALA, APPELLANT, ET AL., DEFENDANT

Appeal by defendant La Sala, as limited by his notice of appeal and his brief, from so much of an order of the Supreme Court, Westchester County, dated June 30, 1965, as denied his cross motion to dismiss the complaint for plaintiff's failure to take proceedings for the entry of judgment within one year of said defendant's default, pursuant to CPLR 3215 (subd. [c]).

Christ, Acting P. J., Brennan, Hopkins, Benjamin and Munder, JJ., concur.

We find that plaintiff failed to enter judgment within one year of defendant's default, as is required by CPLR 3215 (subd. [c]), or to prosecute the action diligently.

Disposition

 Order reversed insofar as appealed from, on the law and the facts, without costs, and complaint dismissed as against defendant La Sala.

19690113

© 1998 VersusLaw Inc.



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