Appellate Division of the Supreme Court of New York, 2014

Expo Development Corp. v. 824 South East Boulevard Realty Corp.

Expo Development Corp. v. 824 South East Boulevard Realty Corp.
Appellate Division of the Supreme Court of New York · Decided January 28, 2014
113 A.D.3d 549; 978 N.Y.2d 852
Expo Development Corp. v. 824 South East Boulevard Realty Corp.

Opinion of the Court

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., P.C. v RMJM, 107 AD3d 602 [1st Dept 2013]). Absent a reasonable excuse for the default, we need not determine whether defendant demonstrated a potentially meritorious defense (see CPLR 5015 [a] [1]; Benson Park Assoc., LLC v Herman, 73 AD3d 464 [1st Dept 2010]). Concur — Tom, J.P., Sweeny, DeGrasse, Gische and Clark, JJ.

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