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WELLS FARGO BANK N.A., plf-res, v. RICARDO JAVIER, def-ap, NEW YORK STATE DEPARTMENT OF FINANCE def

4520-4521. WELLS FARGO BANK N.A., plf-res, v. RICARDO JAVIER, def-ap, NEW YORK STATE DEPARTMENT OF FINANCE def — Petroff Amshen LLP, Brooklyn (Christopher Villanti of counsel), for ap — Reed Smith LLP, New York (Andrew Messite of counsel), for res — Judgment of foreclosure and sale, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about March 13, 2017, unanimously affirmed, without costs. Appeal from order, same court (Norma Ruiz, J.), entered March 31, 2016, which, upon renewal, denied defendant Ricardo Javier's motion to extend the time to answer, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

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4520-4521. WELLS FARGO BANK N.A., plf-res, v. RICARDO JAVIER, def-ap, NEW YORK STATE DEPARTMENT OF FINANCE def — Petroff Amshen LLP, Brooklyn (Christopher Villanti of counsel), for ap — Reed Smith LLP, New York (Andrew Messite of counsel), for res — Judgment of foreclosure and sale, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about March 13, 2017, unanimously affirmed, without costs. Appeal from order, same court (Norma Ruiz, J.), entered March 31, 2016, which, upon renewal, denied defendant Ricardo Javier’s motion to extend the time to answer, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Defendant failed to show both a reasonable excuse for his default and a potentially meritorious defense to this foreclosure action (see US Bank N.A. v. Brown, 147 AD3d 428, 429 [1st Dept 2017]). His assertion that he had been “led to believe” (by parties unnamed) that he did not need to answer the complaint because he had submitted a loan modification application is not a reasonable excuse, in view of the clear warning contained in the summons served in this action that failure to respond could result in a default judgment and loss of his home (see id.). Given his failure to proffer a reasonable excuse for the default, we need not determine whether defendant demonstrated a potentially meritorious defense to the action (see id. at 429-430).

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