Opinion
1403
September 17, 2002.
Order, Supreme Court, New York County (Walter Tolub, J.), entered January 4, 2002, which denied defendants-appellants' motion to dismiss plaintiff's summons with notice pursuant to CPLR 3215(c), unanimously reversed, on the law, without costs, the motion granted, and the action dismissed insofar as asserted against defendants-appellants. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint as against them.
ALLAN G. LARSON, for plaintiff-respondent.
CAROL R. FINOCCHIO LAWRENCE B. GOODMAN, for defendants-appellants.
Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Marlow, JJ.
A default judgment was not pursued within one year of the defendants-appellants' failure to respond to plaintiff's summons with notice. Thereafter, in response to defendants-appellants resulting motion to dismiss, the standard was not met pursuant to CPLR 3215(c). Therefore, the Supreme Court should have granted defendants-appellants' motion and dismissed the underlying action insofar as asserted against them (see Hoppenfeld v. Hoppenfeld, 220 A.D.2d 302; contrast Truong v. All Pro Air Delivery, Inc., 278 A.D.2d 45).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.