A plaintiff commenced an action pursuant to New York Real Property Actions and Proceeding Laws (RPAPL) Article 13 to foreclose a mortgage. The defendant had not appeared in the action. The plaintiff had moved for a default judgment for foreclosure and sale (default judgment). The motion was denied without prejudice.

The plaintiff alleged that the defendant had failed to make required mortgage payments since March 1, 2022. The defendant allegedly owed $183,041.82 in principal, plus interest accruing from Feb. 1, 2023, late charges, monies paid and to be paid for “tax, assessments, insurance, maintenance and preservation of the property, as well as costs and attorneys’ fees.”