The majority opinion, in Citibank, N.A. v. Kerszko, 2022 NY Slip Op 00032 (2d Dep’t 2022) (Dillon, J.), is a discerning and masterful dissection of the junction where “a variety of” “unusual” legal issues, some of first impression, have converged. First, “for the first time,” the Second Department examined “whether the presentment to a court of a proposed ex parte order to show cause for an order of reference, which is rejected by Supreme] Court for defects in the papers, qualifies as a ‘taking of proceedings for the entry of judgment pursuant to CPLR 3215(c),’ so as to avoid dismissal of the complaint as abandoned under 3215(c).”
Next it considered “whether the basis of a court’s reasoning in determining a motion, when raised by the court sua sponte, self-preserves for an appeal” by an aggrieved party.
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