In October 2026, a Kings County Supreme Court justice dismissed a mortgage foreclosure that had been pending since December 2019, ruling that the lender failed to move for a default judgment within the time New York law allows.
Background
The lender sued to foreclose on a Brooklyn property after the borrower’s co-owner died. No defendant ever answered the complaint. Even so, the lender did not ask for a default judgment until August 2024, nearly three years after the deadline had passed, even after crediting the pandemic-era tolling of court deadlines. James J. Quail & Associates, P.C. represented defendant Joan F. Hyman, an heir to the decedent’s estate, who cross-moved to dismiss.
The law
Under CPLR 3215(c), if a plaintiff doesn’t take proceedings to enter judgment within one year of a defendant’s default, the court “shall” dismiss the complaint as abandoned, on its own initiative if necessary. The only escape is showing sufficient cause, meaning a reasonable excuse for the delay and a potentially meritorious claim.
The ruling
The court found the lender had no reasonable excuse. Among other things, it held that:
- A letter requesting a COVID conference was not a step toward judgment.
- Motions for service by publication and for a receiver were not proceedings for entry of judgment.
- Litigation involving other defendants did not excuse the delay against the defaulting ones.
- An attorney’s affirmation based on counsel’s file, without personal knowledge, carried no evidentiary weight.
The court also dismissed the entire complaint because the decedent’s heirs, who held title, were indispensable parties who were in default, and it directed that the notices of pendency be cancelled.
Takeaway
Foreclosure plaintiffs must act promptly once a defendant defaults. If you’re facing a stale foreclosure action, [Attorney Name] and the team at James J. Quail & Associates, P.C. can review whether CPLR 3215(c) applies to your case. Contact us.
Case: GMAT Legal Title Trust 2014-1 v. Loy, Index No. 528127/2019 (Sup. Ct. Kings County, Oct. 1, 2026). Counsel for defendant Joan F. Hyman: [Attorney Name], James J. Quail & Associates, P.C. Prior results do not guarantee a similar outcome.