| Wells Fargo Bank, N.A. v Braun |
| 2014 NY Slip Op 08424 [123 AD3d 698] |
| December 3, 2014 |
| Appellate Division, Second Department |
[*1]
| Wells Fargo Bank, N.A., Respondent, v MosheBraun et al., Appellants, et al., Defendant. |
Phillip J. Murphy, New City, N.Y., for appellants.
Hogan Lovells US LLP, New York, N.Y. (David Dunn, Chava Brandriss, andHeather R. Gushue of counsel), for respondent.
In an action to foreclose a mortgage, the defendants Moshe Braun and YehudasBraun appeal, as limited by their brief, from stated portions of an order of the SupremeCourt, Rockland County (Garvey, J.), dated August 22, 2012, which, inter alia, deniedthat branch of their motion which was pursuant to CPLR 5015 (a) (3) to vacate ajudgment of foreclosure and sale of the same court entered July 30, 2008, upon theirfailure to appear or answer the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the motion of the defendantsMoshe Braun and Yehudas Braun (hereinafter together the defendants) which was tovacate a judgment of foreclosure and sale pursuant to CPLR 5015 (a) (3). Under thecircumstances of this case, the defendants failed to move for relief pursuant to CPLR5015 (a) (3) within a reasonable time after entry of the judgment (see Indymac Bank, F.S.B. vYano-Horoski, 107 AD3d 672 [2013]; Bank of N.Y. v Stradford, 55 AD3d 765, 765 [2008]). Inany event, the defendants failed to provide a reasonable excuse for the default, which isrequired when a CPLR 5015 (a) (3) motion alleges intrinsic fraud, i.e., that theallegations in the complaint are false (see New Century Mtge. Corp. v Corriette, 117 AD3d 1011,1012 [2014]; Bank of N.Y. v Stradford, 55 AD3d at 765-766; Bank of N.Y. v Lagakos, 27AD3d 678, 679 [2006]).
In light of our determination, we need not address the parties' remaining contentions.Balkin, J.P., Hall, Austin and Barros, JJ., concur.