Opinion
2018–04433 Index No. 19934/07
08-12-2020
HSBC MORTGAGE CORPORATION USA, respondent, v. Mohammad Abul KHAIR, etc., defendant; Rohawnie Bipharam, et al., nonparty-appellants.
Valerie L. Forbes, Brooklyn, NY, for nonparty-appellants. Knuckles, Komosinski & Manfro, LLP, Elmsford, N.Y. (Louis A. Levithan of counsel), for respondent.
Valerie L. Forbes, Brooklyn, NY, for nonparty-appellants.
Knuckles, Komosinski & Manfro, LLP, Elmsford, N.Y. (Louis A. Levithan of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., JOHN M. LEVENTHAL, VALERIE BRATHWAITE NELSON, PAUL WOOTEN, JJ.
DECISION & ORDER In an action to foreclose a mortgage, nonparties Rohawnie Bipharam and Newport Acquisitions, Inc., appeal from an order of the Supreme Court, Queens County (David Elliot, J.), entered June 26, 2017. The order, insofar as appealed from, denied that branch of the motion of nonparties Rohawnie Bipharam and Newport Acquisitions, Inc., which was pursuant to CPLR 5015(a) to vacate an order of the same court entered December 1, 2016, granting the plaintiff's motion, inter alia, pursuant to CPLR 5015(a) to vacate a prior order of the same court (Martin J. Schulman, J.), entered July 23, 2014, directing dismissal of the action.
ORDERED that the order entered June 26, 2017, is affirmed insofar as appealed from, with costs.
Pursuant to CPLR 5015(a)(1), a court may vacate an order upon the ground of excusable default (see Alderman v. Alderman, 78 A.D.3d 621, 910 N.Y.S.2d 361 ). Here, contrary to the nonparty-appellants' contention, they failed to establish a basis to vacate an order entered December 1, 2016, on that ground. To the extent the nonparty-appellants' motion may be construed as one to vacate the December 1, 2016, order in the interest of justice (see CPLR 5015[a] ; Woodson v. Mendon Leasing Corp., 100 N.Y.2d 62, 68, 760 N.Y.S.2d 727, 790 N.E.2d 1156 ), it is also without merit (see Alderman v. Alderman, 78 A.D.3d 621, 910 N.Y.S.2d 361 ).
Accordingly, we affirm the order insofar as appealed from.
CHAMBERS, J.P., LEVENTHAL, BRATHWAITE NELSON and WOOTEN, JJ., concur.