Photo: Mario Belluomo/Brooklyn Eagle
The Appellate Division, Second Department, upheld a decision by the Kings Supreme Court Judge Noach Dear that dismissed a foreclosure action against Osbert Dickerson due to inactivity by the plaintiff, U.S. Bank National Association. The case, initiated in May 2013, was neglected without significant progress, leading to the dismissal for abandonment under the Civil Practice Law and Rules (CPLR) 3215(c).
The plaintiff’s failure to take timely action to secure a default judgment against Dickerson, despite his non-appearance and non-response to the complaint, was central to the case’s dismissal. The law mandates that actions be taken within one year after a default to avoid being deemed abandoned, a criterion the plaintiff did not meet.
Despite U.S. Bank’s appeal, the appellate court found no substantial excuse for the delay presented by the bank, nor did it identify any prejudice to the defendant due to the prolonged process.