Legal Opinion
Deutsche Bank Trust Co. Americas v. Marous
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 2015No. 2013-09679PublishedCited by 10 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Gabriel Marous appeals from an order of the Supreme Court, Westchester County (Jamieson, J.), dated June 27, 2013, which denied his motion, made jointly with the defendant Justine Marous, in effect, to vacate their default in answering and to extend their time to serve an answer.
Ordered that the order is affirmed, with costs.
A defendant who has failed to timely answer a complaint must provide a reasonable excuse for the delay and demonstrate a potentially meritorious defense to the action (see CPLR 3012 [d]; 5015 [a] [1]; Mannino Dev., Inc.…
2Cases cited4 opinions
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- Cavalry SPV I, LLC v. FrenkelAppellate Division of the Supreme Court of the State of New York · 2014
- Integon National Insurance v. NoterileAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by10 opinions
- TCIF REO GCM, LLC v. WalkerAppellate Division of the Supreme Court of the State of New York · 2016
- Citimortgage, Inc. v. KowalskiAppellate Division of the Supreme Court of the State of New York · 2015
- Duprat v. BMW Financial Services Na, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Wilmington Sav. Fund Socy., FSB v. KutchAppellate Division of the Supreme Court of the State of New York · 2022
- Deutsche Bank National Trust Co. v. RamharrackAppellate Division of the Supreme Court of the State of New York · 2016
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