GREEN TREE SERVICING, LLC v. CARY

2012-04432.

106 A.D.3d 691 (2013)

965 N.Y.S.2d 511

2013 NY Slip Op 3060

GREEN TREE SERVICING, LLC, Appellant, v. Jo ELAINE CARY, Defendants, and CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 1, 2013.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was pursuant to CPLR 3215 for leave to enter a default judgment against the defendant Capital One Bank (USA), National Association is granted.

"`On a motion for leave to enter a default judgment pursuant to CPLR 3215, the movant is required to submit proof of service of the summons and complaint, proof of the facts constituting the claim...

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