Nationstar Mtge., LLC v Avella, 2019 NY Slip Op 04959 [173 AD3d 1054]

June 19, 2019

Appellate Division, Second Department

[*1]

Nationstar Mortgage, LLC, Respondent,

v

Marjorie Avella, Also Known as Marjorie A. Avella, Individually and as Surviving Spouse of Alexander A. Avella, Jr., Deceased, Appellant, et al., Defendant.

Clair & Gjertsen, White Plains, NY (Lancelot E. Colquitt of counsel), for appellant.

Akerman LLP, New York, NY (Jordan M. Smith and Kathleen R. Fitzpatrick of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Marjorie Avella appeals from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated December 7, 2016. The order granted the plaintiff’s motion for leave to enter a default judgment and an order of reference.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage given by the defendant Marjorie Avella (hereinafter the defendant), among others, as security for a note. After the defendant failed to timely answer the complaint, the plaintiff moved for leave to enter a default judgment and an order of reference. The Supreme Court granted the motion, and the defendant appeals.

Because the defendant failed to timely answer the complaint and offered no excuse for her default, we do not need to consider whether she demonstrated a potentially meritorious defense, including the plaintiff’s purported failure to comply with the notice requirements of RPAPL 1304 ( see Bank of Am., N.A. v Agarwal , 150 AD3d 651 , 652 [2017]; HSBC Bank USA, N.A. v Clayton , 146 AD3d 942 , 944 [2017]). Accordingly, we agree with the Supreme Court’s grant of the plaintiff’s motion for leave to enter a default judgment and an order of reference. Rivera, J.P., Austin, Cohen and Iannacci, JJ., concur..