Opinion
13867 Index No. 381238/08 Case No. 2020-03505
05-20-2021
NATIONSTAR MORTGAGE LLC, Plaintiff–Respondent, v. Ferhana AHMED, Defendant–Appellant, City of New York Environmental Control Board et al., Defendants.
The Rosenfeld Law Office, Lawrence (Avi Rosenfeld of counsel), for appellant. McCalla Raymer Leibert Pierce, LLC, New York (Jane H. Torcia of counsel), for respondent.
The Rosenfeld Law Office, Lawrence (Avi Rosenfeld of counsel), for appellant.
McCalla Raymer Leibert Pierce, LLC, New York (Jane H. Torcia of counsel), for respondent.
Acosta, P.J., Webber, Kennedy, Shulman, JJ.
Order and judgment (one paper), Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered November 25, 2019, which granted plaintiff Nationstar Mortgage LLC's (Nationstar) motion for judgment of foreclosure and sale, unanimously affirmed, without costs.
To have a late answer deemed timely served nunc pro tunc, and avoid the entry of a default judgment, a nonanswering defendant is required to provide a reasonable excuse for the delay in answering and demonstrate a potentially meritorious defense to the action (see CPLR 5015[a][1] ), which defendant Ahmed failed to do.
Were defendant's arguments raised in opposition to plaintiff's motion for a judgment of foreclosure and sale to be considered, such arguments would be unavailing.