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BAC Home Loans Servicing, LP v. Broskie
Citation: 2018 NY Slip Op 8005Docket: 2016-08256
Court: Appellate Division of the Supreme Court of the State of New York; November 20, 2018; New York; State Appellate Court
Original Court Document: View Document
In BAC Home Loans Servicing, LP v. Broskie, the Appellate Division of the New York Supreme Court addressed an appeal from NMNT Realty Corp., an intervenor-defendant in a mortgage foreclosure action initiated by BAC Home Loans Servicing, LP. The original case began in August 2010, with BAC Home Loans seeking to foreclose after the defendant mortgagors failed to appear at a settlement conference in December 2010. After the plaintiff withdrew its motion for an order of reference in March 2013, NMNT Realty Corp. cross-moved to dismiss the complaint as abandoned under CPLR 3215(c), which mandates dismissal if no action is taken for entry of judgment within one year of a default. The Supreme Court initially denied NMNT’s cross motion but later allowed NMNT to renew its motion. Upon renewal, the court again denied the motion to dismiss. The Appellate Division reversed this decision, ruling that the plaintiff failed to provide a reasonable excuse for the delay in pursuing the case. The court found that the plaintiff's vague claims of delays due to compliance with administrative orders were insufficient to justify the lengthy inaction. Therefore, the Appellate Division granted NMNT's request to dismiss the complaint as abandoned under CPLR 3215(c), emphasizing that without a reasonable excuse from the plaintiff, there was no need to assess the merit of the underlying cause of action. The decision was made with costs awarded to NMNT.