Legal Opinion
Bank of New York v. Segui
Appellate Division of the Supreme Court of the State of New York
Decided July 31, 2007PublishedCited by 5 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Margarita Segui appeals from so much of an order of the Supreme Court, Kings County (Ruditzky, J.), dated March 22, 2006, as denied her motion, pursuant to CPLR 5015 (a) (1), to vacate a judgment of foreclosure and sale of the same court, entered July 12, 2004, upon her default in appearing or answering.
Ordered that the order is affirmed insofar as appealed from, with costs.
Vacatur of a default judgment requires the moving defendant to establish both a reasonable excuse for the default and a meritorious defense (see CPLR 5015 [a] [1]; Eugene…
2Cases cited3 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Credit-Based Asset Servicing & Securitization, LLC v. ChaudryAppellate Division of the Supreme Court of the State of New York · 2003
- Mary Immaculate Hospital v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by5 opinions
- U.S. Bank National Ass'n v. SlavinskiAppellate Division of the Supreme Court of the State of New York · 2010
- Bank of New York v. SeguiAppellate Division of the Supreme Court of the State of New York · 2014
- Bank of New York v. SeguiAppellate Division of the Supreme Court of the State of New York · 2012
- Wells Fargo Bank v. LinzenbergAppellate Division of the Supreme Court of the State of New York · 2008
- Emigrant Mortgage Co. v. TeelAppellate Division of the Supreme Court of the State of New York · 2010