3215(c)

HSBC Bank USA, N.A. v Seidner, 2018 NY Slip Op 02202 [2d Dept. 2018]

In the usual case, if a request for judicial intervention in a matter subject to mandatory settlement conferences is filed within the one-year deadline imposed by CPLR 3215(c), the time thereafter to move for a default judgment is tolled while settlement conferences are pending (see 22 NYCRR 202.12-a[c][7]; U.S. Bank, N.A. v Dorvelus, 140 AD3d at 852). Here, however, it is undisputed that this action was not subject to mandatory settlement conferences (see 22 NYCRR 202.12-a[a]) and, in any event, the matter was not transferred to the settlement conference part until well after the deadline of CPLR 3215(c) had passed.

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