In an action to foreclose a mortgage, the defendants Joseph Spector, also known as Joseph L. Spector, and Marilyn Moriber-Spector, also known as Marilyn J. Moriber-Spector, also known as Marilyn Moriber, appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Adams, J.), entered February 21, 2012, as denied those branches of their motion which were to vacate their default in appearing or answering the complaint and to dismiss the complaint insofar as asserted against them based upon the plaintiffs alleged failure to comply with the notice provisions of the mortgage or to serve notice of their default as required by RPAPL 1304.
A defendant seeking to be relieved of his or her default in appearing or answering the complaint must establish both a reasonable excuse for the default and a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Sussman v Jo-Sta Realty Corp.,
In light of the appellants’ failure to establish a reasonable excuse for their default, it is unnecessary to determine whether they demonstrated the existence of potentially meritorious defenses to the action (see Diederich v Wetzel,
The appellants’ remaining contention is without merit. Skelos, J.P, Dickerson, Chambers and Miller, JJ., concur.
