BAC Home Loans Servicing, LP v. Reardon

• Decision Date: 21 October 2015
• Docket Number: 2014-01188, 2014-01190, Index No. 49890/09.
• Parties: BAC HOME LOANS SERVICING, LP, formerly known as Countrywide Home Loans Servicing, LP, respondent, v. John REARDON, et al., appellants, et al., defendants.
• Court: New York Supreme Court — Appellate Division

132 A.D.3d 790
18 N.Y.S.3d 664
2015 N.Y. Slip Op. 07608

BAC HOME LOANS SERVICING, LP, formerly known as Countrywide Home Loans Servicing, LP, respondent
v.
John REARDON, et al., appellants, et al., defendants.

2014-01188, 2014-01190, Index No. 49890/09.

Supreme Court, Appellate Division, Second Department, New York.

Oct. 21, 2015.

18 N.Y.S.3d 665

Katerina N. Arvanitakis, Bayside, N.Y., for appellants.

REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, and THOMAS A. DICKERSON, JJ.

Opinion

132 A.D.3d 790

In an action to foreclose a mortgage, the defendants John Reardon and Teresa Reardon appeal from (1) an order of the Supreme Court, Suffolk County (Pitts, J.), dated January 10, 2013, which granted the plaintiff's motion for leave to enter a default judgment against them upon their failure to answer the complaint and for an order of reference, and denied their cross motion, in effect, to vacate their default in answering the complaint, to compel the plaintiff to accept their late answer pursuant to CPLR 3012(d), to dismiss the complaint insofar as asserted against them as abandoned pursuant to CPLR 3215(c) for failure to enter judgment against them within one year of their default, and to dismiss the complaint for lack of standing, and (2) an order of the same court, also dated January 10, 2013, which, inter alia, appointed a referee to ascertain and compute the amount due to the plaintiff.

ORDERED that the orders are affirmed, without costs or disbursements.

The Supreme Court properly granted the plaintiff's motion for leave to enter a default judgment against the appellants upon their failure to answer the complaint and for an order of reference. “ ‘On a motion for leave to enter a default judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting the claim, and proof of the defaulting party's default in answering or appearing’ ” (Dupps v. Betancourt, 99 A.D.3d 855, 855, 952 N.Y.S.2d 585, quoting Atlantic Cas. Ins. Co. v. RJNJ Servs., Inc., 89 A.D.3d 649, 651, 932...