BOARD OF MANAGERS OF 610 PARK AVENUE CONDOMINIUM v. Mara Enterprises, Defendant. (2025)

Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered on or about May 14, 2024, which denied defendant's motion to vacate the default judgment and judgment of foreclosure and sale as against it, unanimously affirmed, with costs.

In this action to foreclose upon a condominium charge lien, Supreme Court providently exercised its discretion in declining to vacate, pursuant to CPLR 317, the default judgment and judgment of foreclosure and sale as against defendant 16EF Apartment LLC. This defendant contends, as its sole meritorious defense, that the notice of lien identified the property's owner as 16EF Apartment, Inc. rather 16EF Apartment LLC, in purported violation of Real Property Law § 339–aa.  However, this minor defect in the lien's identification of the property owner did not invalidate the lien (see Lien Law § 23;  see also Real Property Law § 339–ii) so as to furnish defendant a meritorious defense (see Figueroa v. Luna, 281 A.D.2d 204, 205, 721 N.Y.S.2d 635 [1st Dept. 2001]).  Nor does defendant assert any prejudice as a result.  Regardless of whether defendant lacked actual notice of the action in time to defend, a meritorious defense is required under CPLR 317.