Summary
The Appellate Division, Second Department, affirmed an order denying defendants' motion under CPLR 5015(a) to vacate an order granting the plaintiff leave to enter a default judgment in a mortgage foreclosure action. The court held that the defendants failed to establish a reasonable excuse for their failure to answer the complaint and oppose the motion, and therefore did not need to consider whether they had potentially meritorious defenses.
Court
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Jurisdiction
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Decision date
April 29, 2026
Docket number
2024-08693
Disposition
affirmed
Questions Presented
- Whether the defendants established a reasonable excuse for failing to answer the foreclosure complaint and oppose the plaintiff's motion for leave to enter a default judgment.
- Whether the defendants were entitled under CPLR 5015(a) to vacate the order granting leave to enter a default judgment and an order of reference.
Holdings
- The defendants failed to establish a reasonable excuse for either their failure to answer the complaint or their failure to oppose the plaintiff's motion because their unsupported claim that prior counsel had duped them did not provide a detailed and credible explanation of the defaults.
- Because the defendants failed to demonstrate a reasonable excuse for their defaults, the court was not required to consider whether they had potentially meritorious defenses to the foreclosure action.
Court Document
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