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U.S. BANK NATIONAL ASSOCIATION v. NUNEZ

850132/13E. Appeal No. 12984. Case No. 2020-02080.

190 A.D.3d 660 (2021)

136 N.Y.S.3d 735

2021 NY Slip Op 00515

U.S. Bank National Association, as Trustee for Greenpoint Mortgage Funding Trust Mortgage Pass-Through Certificates, Series 2007-AR1, care of Ocwen Loan Servicing LLC, Respondent, v. Miriam Nunez, Appellant, et al, Defendants.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Law Office of James Jantarasami, New York ( James Jantarasami of counsel), for appellant.

Greenberg Traurig, LLP, New York ( Ryan Sirianni of counsel), for respondent.

Concur— Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

Pursuant to CPLR 3215(c), where a plaintiff fails to move for a default judgment within a year of the defendant's default in answering or appearing, dismissal of the action is required, either upon motion or sua sponte, except where sufficient cause is shown why the complaint should not be dismissed (see Deutsche Bank National Trust Co. v Cruz, 173 A.D.3d 610 [1st Dept 2019]). Sufficient cause requires "a reasonable excuse for the delay in timely moving for a default...

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