| Maspeth Fed. Sav. & Loan Assn. v Brooklyn Heritage,LLC |
| 2016 NY Slip Op 02783 [138 AD3d 793] |
| April 13, 2016 |
| Appellate Division, Second Department |
[*1]
| Maspeth Federal Savings and Loan Association,Respondent, v Brooklyn Heritage, LLC, Appellant, et al.,Defendants. |
Kenneth R. Berman, Forest Hills, NY, for appellant.
Mark L. Cortegiano, Middle Village, NY, for respondent.
In an action to foreclose a mortgage, the defendant Brooklyn Heritage, LLC, appealsfrom an order of the Supreme Court, Kings County (Ash, J.), dated June 6, 2014, whichdenied its motion pursuant to CPLR 3215 (c) to dismiss the complaint insofar as assertedagainst it.
Ordered that the order is affirmed, with costs.
In this mortgage foreclosure action, the defendant Brooklyn Heritage, LLC(hereinafter BH), appeals from an order denying its motion pursuant to CPLR 3215 (c) todismiss the complaint as abandoned insofar as asserted against it.
The failure to timely seek a default on an unanswered complaint or counterclaim maybe excused if "sufficient cause is shown why the complaint should not be dismissed"(CPLR 3215 [c]). This Court has interpreted this language as requiring both a reasonableexcuse for the delay in timely moving for a default judgment, plus a demonstration thatthe cause of action is potentially meritorious (see LNV Corp. v Forbes, 122 AD3d 805, 806 [2014]; Giglio v NTIMP, Inc., 86AD3d 301, 308 [2011]). The determination of whether an excuse is reasonable inany given instance is committed to the sound discretion of the motion court (seeGiglio v NTIMP, Inc., 86 AD3d at 308). Here, the plaintiff showed a reasonableexcuse for the delay and a potentially meritorious cause of action. Thus, under thecircumstances of this case, the Supreme Court providently exercised its discretion indenying BH's motion pursuant to CPLR 3215 (c) to dismiss the complaint insofar asasserted against it (see LNV Corp. v Forbes, 122 AD3d at 806-807).
The parties' remaining contentions are without merit. Eng, P.J., Mastro, Leventhaland Miller, JJ., concur.