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Expo Development Corp. v. 824 South East Boulevard Realty Corp.

113 A.D.3d 549 Court N.Y. App. Div. Decision date 2014-01-28 English

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p. 549
Expo Development Corp., Respondent, v 824 South East Boulevard Realty Corp., Appellant, et al., Defendant.
[978 NYS2d 852]

Defendant failed to set forth a reasonable excuse for its failure to defend against this action to foreclose on a mechanic’s lien, since it offered no financial proof of its claim that it was unable to afford counsel (see Buro Happold Consulting Engrs., P.C. v RMJM, 107 AD3d 602 [1st Dept 2013]). Absent a reasonable excuse for the default, we need not determine whether defendant demonstrated a potentially meritorious defense (see CPLR 5015 [a] [1]; Benson Park Assoc., LLC v Herman, 73 AD3d 464 [1st Dept 2010]). Concur — Tom, J.P., Sweeny, DeGrasse, Gische and Clark, JJ.

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