— SRMOF II I Trust, etc., Plaintiff–Respondent–Appellant, v. Mercy I. Tella, etc., Defendant–Appellant–Respondent, City of New York Environmental Control Board, et al., Defendants.
Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered September 9, 2014, which, inter alia, granted plaintiff's motion for a default judgment, and order, same court and Justice, entered September 22, 2015, which denied plaintiff's motion to remove defendant Mercy Tella as a necessary party to this action, and proceed without her, unanimously affirmed, without costs.
Plaintiff's excuse for its delay in moving for a default judgment indicates that there was activity well within the one-year period specified in CPLR 3215(c) (see Pappoe v. Custodio, 156 A.D.2d 211 [1st Dept 1989] ). Defendant Tella offers no excuse for her default in answering the complaint, and her attempt to challenge the sufficiency of the documents underlying plaintiff's motion for a default judgment is unpreserved and in any event unavailing. Plaintiff's proof of service, the summons and complaint, and Tella's default in answering when served with process, in conjunction with “[the] affidavit of merit by the current loan servicer/assignee of the note and mortgage, who averred facts which constitute cognizable claims for foreclosure and sale against the obligor/mortgagor defendant[ ],” are sufficient to support plaintiff's motion (BAC Home Loan Servicing, LP v. Betram, 51 Misc.3d 770, 2016 N.Y. Slip Op 26053, *6 [Sup Ct, Suffolk County Jan. 7, 2016]; see also HSBC Bank USA, N.A. v. Spitzer, 131 AD3d 1206 [2d Dept 2015] ).
Plaintiff failed to demonstrate that it waived its right to assert a deficiency judgment against Tella, and, thus, failed to establish that Tella is not a necessary or indispensable party who can be severed from these proceedings (see Federal Natl. Mtge. Assn. v Connelly, 84 A.D.2d 805, 805 [2d Dept 1981] ).