Opinion
2014-01-28
EXPO DEVELOPMENT CORP., Plaintiff–Respondent, v. 824 SOUTH EAST BOULEVARD REALTY CORP., Defendant–Appellant, New York State Department of Taxation and Finance, Defendant.
Manuel D. Gomez, New York, for appellant. Charles R. Cuneo, Huntington, for respondent.
Manuel D. Gomez, New York, for appellant. Charles R. Cuneo, Huntington, for respondent.
Orders, Supreme Court, Bronx County (Lucindo Suarez, J.), entered September 14, 2010, February 3, 2011, and May 9, 2011, which, insofar as appealed from as limited by the briefs, denied defendant's motions to vacate a judgment of foreclosure and sale and a referee's deed granted on default, unanimously affirmed, without costs.
Defendant failed to set forth a reasonable excuse for its failure to defend against this action to foreclose on a mechanic's lien, since it offered no financial proof of its claim that it was unable to afford counsel ( see Buro Happold Consulting Engrs., PC. v. RMJM, 107 A.D.3d 602, 968 N.Y.S.2d 61 [1st Dept.2013] ). Absent a reasonable excuse for the default, we need not determine whether defendant demonstrated a potentially meritorious defense ( seeCPLR 5015[a][1]; Benson Park Assoc., LLC v. Herman, 73 A.D.3d 464, 899 N.Y.S.2d 614 [1st Dept.2010] ). TOM, J.P., SWEENY, DeGRASSE, GISCHE, CLARK, JJ., concur.