Legal Question in Civil Litigation in New York

"Neither party" makes no sense. The plaintiff files a complaint and serves it on the defendant with a summons. The defendant answers or defaults. In the case of a default, the plaintiff can request a default judgment so long as it does so within a year after the default. If the action is for a sum certain in money (such as a loan) then the clerk enters judgment for the amount sured-for. If it it an unliquidated claim (property damage, personal injury) then you have to "inquest" the case before a judge.

If the defendant defaults and the plaintiff does not take the default within a year, then when the case comes before the court (usually because the plaintiff tries to slip an overdue judgment through the clerk's office) the judge is required to dismiss the case unless good cause is shown to excuse the delay.

Some courts hold a "clerk's calendar call" at irregular intervals. This is typical for cases that are filed (but no answer or default is on file) and languish. If the plaintiff does not show up for the call, the case is marked "off" and subsequently dismissed. There is no hard and fast time limit for dismissing abandoned cases. With the cutbacks in the courts, the staff isn't there to cull these cases. But once a default has occurred, failing to take action within one year usually kills the case.

The time frame you're looking for is one year under New York's Civil Practice Laws and Rules Chapter 34. However, the one year doesn't start until the judge or court clerk strikes it. When a case is filed, the plaintiff typically has 20 days to serve the paper work and the defendant would have 20 days to file his response. All of these times can be extended by the judge or clerk where cause is shown. If the paperwork was served on the defendant properly, but no response was filed the judge can enter a default judgment in favor of the plaintiff. If that is the case, the plaintiff has ten years in which to enforce the judgement against the defendant.

If you believe there was a case filed against you, but you were not notified you should retain an attorney to check into the matter for you.

Rule 3404. Dismissal of abandoned cases. A case in the supreme court

or a county court marked "off" or struck from the calendar or unanswered

on a clerk's calendar call, and not restored within one year thereafter,

shall be deemed abandoned and shall be dismissed without costs for

neglect to prosecute. The clerk shall make an appropriate entry without

the necessity of an order.