Majority
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered November 13, 2015, which, to the extent appealed from, granted plaintiff’s motion for an order of reference and a default judgment against defendant Cisse, unanimously affirmed, without costs.
It is unnecessary to consider whether defendant demonstrated a meritorious defense to this foreclosure action, because he failed to demonstrate a reasonable excuse, or indeed any excuse, for his failure to answer the complaint or otherwise timely appear in this action, which was commenced in 2009 (see Mutual Mar. Off., Inc. v Joy Constr. Corp., 39 AD3d 417 , 419 [1st Dept 2007]; see also Wells Fargo Bank, N.A. v Mazzara, 124 AD3d 875 [2d Dept 2015]).
Concur—Tom, J.P., Friedman, Renwick, Kahn and Kern, JJ.
Cases cited
- Mutual Marine Office, Inc. v. Joy Construction Corp. 39 AD3d 417 at 419 p. 545
- Wells Fargo Bank, N.A. v. Mazzara 124 AD3d 875 p. 545