On November 17, 2021, on its review en banc of its prior decision, the United States Court of Appeals for the Second Circuit changed its course in Maddox v. The Bank Of New York Trust Company, N.A., docket number 19-1774, and held that the plaintiffs’ allegations “fail to support their Article III standing, and
mortgage litigation
To Forgive or Not to Forgive a CPLR 3215(c) Violation in a Residential Mortgage Foreclosure
By Andrew Messite & Kerren Zinner on
CPLR 3215(c) requires a plaintiff to take proceedings for entry of judgment within one year of default or face dismissal of the action as abandoned, except where sufficient cause is shown why the complaint should not be dismissed. The purpose of this provision is to prevent a plaintiff from taking advantage of a defendant’s default where the plaintiff has also been guilty of inaction. See Myers v. Slutsky, 139 A.D.3d 2d 709 (2d Dep’t 2012).
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