Bontempts v. Aude Construction Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated November 30, 2010, which denied its motion, in effect, pursuant to CFLR 5015 (a) (1) and 317 to vacate an order of the same court dated November 17, 2009, granting the plaintiff’s motion pursuant to CFLR 3215 for leave to enter a default judgment against it.
*1072Ordered that the order dated November 30, 2010, is affirmed, with costs.
To vacate a default in answering or appearing pursuant to CPLR 5015 (a) (1), a defendant must demonstrate a reasonable…
2Cases cited20 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Braten v. Bankers Trust Co.New York Court of Appeals · 1983
- Wassertheil v. Elburg, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Sofio v. HughesAppellate Division of the Supreme Court of the State of New York · 1990
- Cash v. Titan Financial Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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