Security Pacific National Trust Co. v. Adams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated June 9, 1999, which denied her motion, inter alia, to vacate a judgment of foreclosure and sale of the same court dated October 7, 1998, entered upon her default in appearing.
Ordered that the order is affirmed, with costs.
To vacate a judgment entered upon default under CPLR 5015 (a) (1), a defendant must demonstrate a reasonable excuse for *689the failure to appear, and a meritorious defense to the action (see, Exeter Holding v Morway Bldrs. & Developers, 270 AD2d 451;…
2Cases cited3 opinions
- Ayres v. PowerAppellate Division of the Supreme Court of the State of New York · 1997
- Exeter Holding, Ltd. v. Morway Builders & Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- State of New York Mortgage Agency v. LavinAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by1 opinion
- In re the Estate of ShapiroAppellate Division of the Supreme Court of the State of New York · 2006