Majority
In an action to foreclose a mortgage, the defendants 689 St. Marks Avenue, Inc., and Frank Morris appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Rosenberg, J.), dated November 29, 2011, as denied that branch of their motion which was pursuant to CPLR 5015 to vacate the default of the defendant 689 St. Marks Avenue, Inc.
Ordered that the order is affirmed insofar as appealed from, with costs.
A defendant seeking to vacate a default in answering a complaint and to compel the plaintiff to accept an untimely answer as timely must show both a reasonable excuse for the default and the existence of a potentially meritorious defense (see CPLR 3012 [d]; 5015 [a] [1]; Chase Home Fin., LLC v
Since the defendants failed to demonstrate a reasonable excuse for SMA’s default, the Supreme Court properly denied that branch of the subject motion which was to vacate the default, and this Court need not consider whether they proffered a potentially meritorious defense to the action (see Blythe v BJ’s Wholesale Club, Inc., 123 AD3d 1073 , 1074 [2014]; JP Morgan Chase Bank, N.A. v Russo, 121 AD3d 1048 , 1049 [2014]; Selechnik v Law Off. of Howard R. Birnbach, 120 AD3d 1220 [2014]).
Chambers, J.P., Hall, Cohen and Maltese, JJ., concur.
Cases cited
- Chase Home Finance, LLC v. Minott 115 AD3d 634 p. 1038
- Community Preservation Corp. v. Bridgewater Condominiums, LLC 89 AD3d 784 at 785 p. 1038
- Perfect Care, Inc. v. Ultracare Supplies, Inc. 71 AD3d 752 at 753 p. 1038
- Santiago v. New York City Health & Hospitals Corp. 10 AD3d 393 at 394 p. 1038
- Roussodimou v. Zafiriadis 238 AD2d 568 at 569 p. 1038
- Grutman v. Southgate at Bar Harbor Home Owners' Ass'n 207 AD2d 526 at 527 p. 1038
- Blythe v. BJ's Wholesale Club, Inc. 123 AD3d 1073 at 1074 p. 1038
- JP Morgan Chase Bank, National Ass'n v. Russo 121 AD3d 1048 at 1049 p. 1038
- Selechnik v. Law Office of Birnbach 120 AD3d 1220 p. 1038