| Green Tree Servicing, LLC v Cary |
| 2013 NY Slip Op 03060 [106 AD3d 691] |
| May 1, 2013 |
| Appellate Division, Second Department |
| Green Tree Servicing, LLC, Appellant, v Jo ElaineCary, Defendants, and Capital One Bank (USA), National Association,Respondent. |
—[*1]
In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from so much ofan order of the Supreme Court, Rockland County (Walsh II, J.), dated March 5, 2012, asdenied that branch of its motion which was pursuant to CPLR 3215 for leave to enter adefault judgment against the defendant Capital One Bank (USA), National Association.
Ordered that the order is reversed insofar as appealed from, on the law, with costs,and that branch of the plaintiff's motion which was pursuant to CPLR 3215 for leave toenter a default judgment against the defendant Capital One Bank (USA), NationalAssociation is granted.
" 'On a motion for leave to enter a default judgment pursuant to CPLR 3215, themovant is required to submit proof of service of the summons and complaint, proof ofthe facts constituting the claim, and proof of the defaulting party's default in answeringor appearing' " (Dupps vBetancourt, 99 AD3d 855, 855 [2012], quoting Atlantic Cas. Ins. Co. v RJNJServs., Inc., 89 AD3d 649, 651 [2011]; see CPLR 3215 [f]). Here, insupport of its motion for leave to enter a default judgment, the plaintiff met all of theserequirements with respect to the defendant Capital One Bank (USA), NationalAssociation (see Dupps v Betancourt, 99 AD3d at 855). Accordingly, theSupreme Court should have granted that branch of the plaintiff's motion which was forleave to enter a default judgment against that defendant. Mastro, J.P., Hall, Lott andSgroi, JJ., concur.