| Expo Dev. Corp. v 824 S. E. Blvd. Realty Corp. |
| 2014 NY Slip Op 00454 [113 AD3d 549] |
| January 28, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Expo Development Corp., Respondent, v 824 South East Boulevard Realty Corp., Appellant, et al., Defendant. |
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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]). Concur—Tom, J.P., Sweeny, DeGrasse, Gische and Clark, JJ.