Legal Opinion

Security Pacific National Trust Co. v. Adams

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

Decided October 23, 2000PublishedCited by 1 opinion

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

  1. Ayres v. PowerAppellate Division of the Supreme Court of the State of New York · 1997
  2. Exeter Holding, Ltd. v. Morway Builders & Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  3. State of New York Mortgage Agency v. LavinAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. In re the Estate of ShapiroAppellate Division of the Supreme Court of the State of New York · 2006

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