Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Expo Development Corp. v South East Boulevard Realty Corp.

Supreme Court of New York, First Department

January 28, 2014

Expo Development Corp., Plaintiff-Respondent,
v.
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.

Tom, J.P., Sweeny, DeGrasse, Gische, Clark, JJ.

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 [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 A.D.3d 464 [1st Dept 2010]).


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.