Opinion
2013-05-1
GREEN TREE SERVICING, LLC, etc., appellant, v. Jo Elaine CARY, et al., defendants, Capital One Bank (USA), National Association, respondent.
Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany, N.Y. (Jonathan E. Hansen of counsel), for appellant.
, J.P., L. PRISCILLA HALL, PLUMMER E. LOTT, and SANDRA L. SGROI, JJ.
In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from so much of an order of the Supreme Court, Rockland County (Walsh II, J.), dated March 5, 2012, as denied that branch of its motion which was pursuant to CPLR 3215 for leave to enter a default judgment against the defendant Capital One Bank (USA), National Association.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was pursuant to CPLR 3215 for leave to enter a default judgment against the defendant Capital One Bank (USA), National Association is granted.
“ ‘On a motion for leave to enter a default judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting party's default in answering or appearing’ ” ( Dupps v. Betancourt, 99 A.D.3d 855, 855, 952 N.Y.S.2d 585, quoting Atlantic Cas. Ins. Co. v. RJNJ Servs., Inc., 89 A.D.3d 649, 651, 932 N.Y.S.2d 109;seeCPLR 3215[f] ). Here, in support of its motion for leave to enter a default judgment, the plaintiff met all of these requirements with respect to the defendant Capital One Bank (USA), National Association ( see Dupps v. Betancourt, 99 A.D.3d at 855, 952 N.Y.S.2d 585). Accordingly, the Supreme Court should have granted that branch of the plaintiff's motion which was for leave to enter a default judgment against that defendant.