Expo Dev. Corp. v 824 S. E. Blvd. Realty Corp.

Expo Dev. Corp. v 824 S. E. Blvd. Realty Corp. 2014 NY Slip Op 00454 Decided on January 28, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 28, 2014
Tom, J.P., Sweeny, DeGrasse, Gische, Clark, JJ. 11582N- 11583N-
305719/08 11583NA

[*1]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.

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 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]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 28, 2014

CLERK