Tuthill Finance, etc., respondent, v. Abundant Life Church, U.P.C., Inc., also known as Abundant Life Church, Inc., appellant, et al., defendants. (2014)

Submitted—October 9, 2014

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Abundant Life Church, U.P.C., Inc., also known as Abundant Life Church, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered September 20, 2012, as denied its motion pursuant to CPLR 5015(a) to vacate a judgment of foreclosure and sale of the same court entered March 12, 2010, upon its failure to appear or answer.

ORDERED the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the motion of the defendant Abundant Life Church, U.P.C., Inc., also known as Abundant Life Church, Inc. (hereinafter the defendant), pursuant to CPLR 5015(a)(1) and (3) to vacate the judgment of foreclosure and sale.   To the extent that the defendant sought to vacate its default pursuant to CPLR 5015(a)(1), the defendant was not entitled to relief, as it failed to demonstrate both a reasonable excuse for its default and the existence of a potentially meritorious defense (see generally Wells Fargo Bank, N.A. v Hampton, 119 AD3d 856, 856;  Jackson–Cutler v. Long, 2 AD3d 590).   To the extent the defendant sought to vacate its default pursuant to CPLR 5015(a)(3), the defendant was not entitled to relief, as it failed to demonstrate any fraud, misrepresentation, or other misconduct on the part of the plaintiff (see Bay Crest Assn., Inc. v. Paar, 99 AD3d 744, 746;  Gaw v. Gaw, 80 AD3d 557, 558;  see generally Wells Fargo Bank, N.A. v Hampton, 119 AD3d at 856).

The defendant's remaining contentions are not properly before this Court.

DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court