Opinion
2017–09804 Index No. 12667/14
12-16-2020
CITIMORTGAGE, INC., respondent, v. Indranie RAMCHARRAN, appellant, et al., defendants.
Indranie Ramcharran, Rego Park, NY, appellant pro se. David A. Gallo & Associates, LLP (Locke Lord LLP, New York, NY [Jeffrey S. Kramer and Joseph N. Froehlich ], of counsel), for respondent.
Indranie Ramcharran, Rego Park, NY, appellant pro se.
David A. Gallo & Associates, LLP (Locke Lord LLP, New York, NY [Jeffrey S. Kramer and Joseph N. Froehlich ], of counsel), for respondent.
SHERI S. ROMAN, J.P., COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER In an action to foreclose a mortgage, the defendant Indranie Ramcharran appeals from an order of the Supreme Court, Queens County (Cheree´ A. Buggs, J.), entered June 21, 2017. The order denied that defendant's motion pursuant to CPLR 5015(a) to vacate so much of a prior order of the same court entered January 7, 2016, as granted those branches of the plaintiff's unopposed motion which were for summary judgment on the complaint insofar as asserted against her and for an order of reference.
ORDERED that the order entered June 21, 2017, is affirmed, with costs.
A party seeking to vacate an order entered upon his or her default in opposing a motion must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion (see CPLR 5015[a][1], [3] ; Wells Fargo Bank, N.A. v. Harrigan, 179 A.D.3d 1142, 1144, 118 N.Y.S.3d 176 ). In the absence of a reasonable excuse, it is unnecessary for a court to consider whether the defaulting party sufficiently demonstrated the existence of a potentially meritorious opposition to the motion (see Wells Fargo Bank, N.A. v. Harrigan, 179 A.D.3d at 1144, 118 N.Y.S.3d 176 ). We agree with the Supreme Court's determination to deny the motion of the defendant Indranie Ramcharran pursuant to CPLR 5015(a) to vacate a prior order awarding summary judgment to the plaintiff, which was entered upon Ramcharran's default, as she failed to establish a reasonable excuse for her default in opposing the plaintiff's motion (see Wells Fargo Bank, N.A. v. Harrigan, 179 A.D.3d at 1144, 118 N.Y.S.3d 176 ).
In light of our determination, the parties' remaining contentions are academic.
ROMAN, J.P., DUFFY, BARROS and CONNOLLY, JJ., concur.