Bank of America v. Faracco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In order to prevail on his motion to vacate the judgment of foreclosure and sale entered, in part, upon his default, the defendant William Weinberg was required to demonstrate both a reasonable excuse for his default in appearing or answering the complaint and the existence of a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Cohen v Romanoff, 83 AD3d 989 [2011]). Weinberg proffered an excuse for his failure to oppose the motion for the execution of a judgment of foreclosure and sale, but not for…
2Cases cited9 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
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- Mjahdi v. MaguireAppellate Division of the Supreme Court of the State of New York · 2005
- Segovia v. Delcon Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Lane v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
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- Zaidman v. ZaidmanAppellate Division of the Supreme Court of the State of New York · 2011
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