Summary
This New York Appellate Division decision addresses a defendant's appeal from orders granting summary judgment in a mortgage foreclosure action and denying a motion to vacate a default. The court dismissed the appeal concerning the order of reference, ruling that no appeal lies from an order entered upon a party's default, and affirmed the denial of the motion to vacate pursuant to CPLR 5015(a). The court concluded that the defendant failed to establish a reasonable excuse or a potentially meritorious defense, specifically noting that CPLR 3408 settlement conferences are only mandated when the defendant resides at the foreclosed property.
Topics
Practice areas
Questions Presented
- Whether an appeal lies from an order entered upon the default of the appealing party under CPLR 5511
- Whether the order of reference should be vacated under CPLR 5015(a) requiring a reasonable excuse and a potentially meritorious defense
Holdings
- The appeal is dismissed because no appeal lies from an order entered upon the default of the appealing party.
- The order dated June 15, 2023 is affirmed because the defendant failed to demonstrate both a reasonable excuse for his default and a potentially meritorious defense.
- Failure to conduct a settlement conference does not constitute grounds to vacate the order of reference.
Key quotations
“[a] party seeking to vacate his or her default . . . must demonstrate both a reasonable excuse for the default and a potentially meritorious defense”
Factual background
Real Time Resolutions, Inc. sought foreclosure of a mortgage on a Brooklyn condominium. Monte Chandler, the defendant, failed to oppose the plaintiff's summary‑judgment motion, resulting in a default and an order of reference. Chandler later moved to vacate the order, claiming a settlement‑conference stay and lack of standing.
Procedural history
The plaintiff filed an action to foreclose a mortgage on a Brooklyn condominium. The defendant did not oppose the plaintiff's summary‑judgment motion, resulting in an order of reference on April 20, 2023. The defendant later moved to vacate that order under CPLR 5015(a). The Supreme Court, Kings County denied the motion on June 15, 2023. The defendant appealed both orders.