Legal Opinion

Bank of New York v. Agenor

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 2003PublishedCited by 8 opinions

1Opinion of the Court

—In an action to foreclose a mortgage, the defendant Marie R. Agenor appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated August 9, 2002, which denied her motion, inter alia, to vacate a judgment of foreclosure and sale dated November 8, 2001, entered upon her failure to appear or answer the complaint.

Ordered that the order is affirmed, with costs.

To vacate the judgment rendered upon the appellant’s failure to appear or answer the complaint, she was required to demonstrate a reasonable excuse for her default and a meritorious defense (see Chemical Bank v Vazquez, 234…

2Cases cited3 opinions

  1. Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
  2. Chemical Bank v. VazquezAppellate Division of the Supreme Court of the State of New York · 1996
  3. Colombi v. RWL Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by8 opinions

  1. 21st Mtge. Corp. v. RaghuAppellate Division of the Supreme Court of the State of New York · 2021
  2. Nationstar Mtge., LLC v. AzconaAppellate Division of the Supreme Court of the State of New York · 2020
  3. Olympia Mortgage Corp. v. RamirezAppellate Division of the Supreme Court of the State of New York · 2004
  4. Alaska Seaboard Partners Limited Partnership v. GrantAppellate Division of the Supreme Court of the State of New York · 2005
  5. Deutsche Bank Natl. Trust Co. v. KhanAppellate Division of the Supreme Court of the State of New York · 2020

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