| BAC Home Loans Servicing, LP v Reardon |
| 2015 NY Slip Op 07608 [132 AD3d 790] |
| October 21, 2015 |
| Appellate Division, Second Department |
[*1]
| BAC Home Loans Servicing, LP, Formerly Known asCountrywide Home Loans Servicing, LP, Respondent, v John Reardon et al.,Appellants, et al., Defendants. |
Katerina N. Arvanitakis, Bayside, N.Y., for appellants.
In an action to foreclose a mortgage, the defendants John Reardon and TeresaReardon appeal from (1) an order of the Supreme Court, Suffolk County (Pitts, J.), datedJanuary 10, 2013, which granted the plaintiff's motion for leave to enter a defaultjudgment against them upon their failure to answer the complaint and for an order ofreference, and denied their cross motion, in effect, to vacate their default in answeringthe complaint, to compel the plaintiff to accept their late answer pursuant to CPLR 3012(d), to dismiss the complaint insofar as asserted against them as abandoned pursuant toCPLR 3215 (c) for failure to enter judgment against them within one year of theirdefault, and to dismiss the complaint for lack of standing, and (2) an order of the samecourt, also dated January 10, 2013, which, inter alia, appointed a referee to ascertain andcompute the amount due to the plaintiff.
Ordered that the orders are affirmed, without costs or disbursements.
The Supreme Court properly granted the plaintiff's motion for leave to enter a defaultjudgment against the appellants upon their failure to answer the complaint and for anorder of reference. " 'On a motion for leave to enter a default judgment pursuantto CPLR 3215, the movant is required to submit proof of service of the summons andcomplaint, proof of the facts constituting the claim, and proof of the defaulting party'sdefault in answering or appearing' " (Dupps v Betancourt, 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, the plaintiff met all of these requirements (see Green Tree Servicing, LLC vCary, 106 AD3d 691, 692 [2013]; Dupps v Betancourt, 99 AD3d at855).
The Supreme Court properly denied those branches of the appellants' cross motionwhich were, in effect, to vacate their default in answering the complaint, and to compelthe plaintiff to accept their late answer pursuant to CPLR 3012 (d). In order to prevail onthose branches of the cross motion, the appellants were required to provide a reasonableexcuse for their default and to demonstrate the existence of a potentially meritoriousdefense to the action (see CPLR 3012 [d]; 5015 [a] [1]; U.S. Bank N.A. v Sachdev,128 AD3d 807, 807 [2015]; Chase Home Fin., LLC v Minott, 115 AD3d 634, 634[2014]; Karalis v NewDimensions HR, Inc., 105 AD3d 707, 708 [2013]; Community Preserv. Corp. vBridgewater Condominiums, LLC, 89 AD3d 784, 785 [2011]; Wells FargoBank, N.A. v Cervini, [*2]84 AD3d 789, 789[2011]). The determination of what constitutes a reasonable excuse lies within the sounddiscretion of the Supreme Court (see Maspeth Fed. Sav. & Loan Assn. v McGown, 77 AD3d889, 890 [2010]; StarIndus., Inc. v Innovative Beverages, Inc., 55 AD3d 903, 904 [2008]; Antoine v Bee, 26 AD3d306, 306 [2006]). Here, the appellants failed to offer any excuse for their default.Accordingly, it is not necessary to consider whether they demonstrated the existence of apotentially meritorious defense, including lack of standing (see HSBC Bank USA, N.A. vLafazan, 115 AD3d 647, 648 [2014]; JP Morgan Chase Bank, N.A. v Palma, 114 AD3d 645,645-646 [2014]; Maspeth Fed. Sav. & Loan Assn. v McGown, 77 AD3d at890).
The Supreme Court providently exercised its discretion in denying that branch of theappellants' cross motion which was pursuant to CPLR 3215 (c) to dismiss the complaintinsofar as asserted against them for failure to enter judgment against them within oneyear of their default (seeCountrywide Home Loans, Inc. v Brown, 19 AD3d 638, 638 [2005]; NorthFork Bank v Cantico Intl., 284 AD2d 442, 442 [2001]; Grajales v FreihoferBaking Co., 283 AD2d 608 [2001]).
The appellants' remaining contentions are without merit. Rivera, J.P., Balkin,Leventhal and Dickerson, JJ., concur.