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NYCTL 1998-2 TRUST v. ALANIS REALTY LLC

260269/14, 7020.

176 A.D.3d 486 (2019)

110 N.Y.S.3d 694

2019 NY Slip Op 07348

NYCTL 1998-2 Trust et al., Respondents, v. Alanis Realty LLC et al., Appellant, et al., Defendants. 598 Eagle Avenue LLC, Proposed Intervenor-Respondent-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 10, 2019.

Attorney(s) appearing for the Case

Joseph A. Altman P.C., Bronx ( Joseph A. Altman of counsel), for appellant.

Desiderio, Kaufman & Metz PC, New York ( Jeffrey R. Metz of counsel), for 598 Eagle Avenue, respondent-appellant.

The Law Office of Thomas P. Malone, PLLC, New York ( Christopher Kohn of counsel), for NYCTL 1998-2 Trust and The Bank of New York Mellon, respondents.

Concur—Renwick, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.

Defendant failed to demonstrate a reasonable excuse for its default and a meritorious defense to this foreclosure action (see CPLR 5015[a][1]; Facsimile Communications Indus., Inc. v NYU Hosp. Ctr., 28 A.D.3d 391 [1st Dept 2006]). Contrary to defendant's contention, CPLR 317, which does not require the showing of a reasonable excuse for default, does not apply to this action (Administrative Code of City of NY § 11-340...

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