| Matone v Sycamore Realty Corp. |
| 2008 NY Slip Op 03603 [50 AD3d 978] |
| April 22, 2008 |
| Appellate Division, Second Department |
| John Matone et al., Respondents, v Sycamore Realty Corp.,Appellant, et al., Defendants. |
—[*1] Caruso, Caruso & Branda, P.C., Brooklyn, N.Y. (Grace M. Borrino of counsel), forrespondents.
In an action, inter alia, to set aside a deed, the defendant Sycamore Realty Corp. appeals froman order and judgment (one paper) of the Supreme Court, Kings County (Lewis, J.), datedFebruary 16, 2007, which granted the plaintiffs' renewed motion pursuant to CPLR 3215 (a) forleave to enter judgment against it upon its default in appearing or answering, and to set aside thesubject deed.
Ordered that the order and judgment is affirmed, with costs.
On its renewed motion, the plaintiffs demonstrated their entitlement to the entry of a defaultjudgment against the appellant. The plaintiffs submitted proof of service of the summons andcomplaint, proof of the facts constituting their claim, and proof of the appellant's default inanswering or appearing (see CPLR 3215 [f]; Allstate Ins. Co. v Austin, 48 AD3d 720 [2008]; Grinage v City of New York, 45 AD3d729 [2007]).
To avoid the entry of a default judgment, the appellant was required to demonstrate areasonable excuse for its default and a meritorious defense to the action (see CPLR 5015[a] [1]; Petersen v Lysaght, Lysaght &Kramer, P.C., 47 AD3d 783 [2008]; Giovanelli v Rivera, 23 AD3d 616 [2005]). The appellant failed tosatisfy either requirement. Therefore, the Supreme Court properly granted the plaintiffs' renewedmotion. Skelos, J.P., Santucci, Covello, McCarthy and Chambers, JJ., concur. [See 14Misc 3d 1217(A), 2007 NY Slip Op 50061(U).]