On a motion for leave to enter a default judgment, pursuant to CPLR 3215, for the defendant's failure to answer or appear, the plaintiff must submit proof of service of the summons and complaint, proof of the facts constituting the cause of action, and proof of the defendant's default. In order to defeat the motion, the defendant must show either that there was no default, or that there is a reasonable excuse for the delay and a potentially meritorious defense. The plaintiff is not required to demonstrate that it had standing to commence the action in order to establish its prima facie entitlement to a default judgment, as standing is not an essential element of a cause of action to foreclose a mortgage.
Bank of N.Y. Mellon Trust Co., N.A. v. Barone, NY Slip Op 05972 (2d Dep't October 26, 2022)
