Opinion
3966, 3966A, 3966B.
Decided June 22, 2004.
Judgment of Foreclosure and Sale, Supreme Court, New York County (Nicholas Figueroa, J.), entered August 4, 2003, entitling plaintiff to foreclose a lien on defendant-appellant's condominium unit for unpaid condominium common charges, and bringing up for review orders, same court and Justice, entered March 31, 2003 and on or about July 28, 2003, respectively, which, inter alia, granted plaintiff's motion to confirm the report of the special referee computing the amount due under plaintiff's lien and denied defendant-appellant's cross motion to vacate her default in answering the complaint, unanimously affirmed, with costs. Appeals from the aforementioned orders entered March 31, 2003 and on or about July 28, 2003 unanimously dismissed, without costs, as subsumed in the appeal from the ensuing judgment.
Sabrina Yohannes, appellant pro se.
Einig Bush, LLP, New York (Dan M. Rice of counsel), for respondent.
Before: Nardelli, J.P., Mazzarelli, Andrias, Gonzalez, Sweeny, JJ.
Defendant-appellant, in seeking vacatur of her default, failed to meet her burden to demonstrate a reasonable excuse for her failure to answer the complaint and a meritorious defense ( see CPLR 5015[a][1]; Crespo v. A.D.A. Mgt., 292 A.D.2d 5). We note in the latter connection that defendant-appellant has never contested her failure to pay most of the condominium common charges at issue. Indeed, based upon the evidence provided by the condominium, the court properly accepted the report of the referee and awarded plaintiff the ensuing judgment of foreclosure.
We have considered defendant-appellant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.