Legal Opinion
HSBC Bank USA, National Ass'n v. Rotimi
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 2014No. 2013-01098PublishedCited by 11 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Oruene Rotimi appeals from an order of the Supreme Court, Kings County (Kurtz, J.), dated November 14, 2012, which denied her motion, inter alia, for leave to interpose a late answer and to dismiss the complaint insofar as asserted against her.
Ordered that the order is affirmed, with costs.
A defendant seeking to vacate a default in answering a complaint and to compel the plaintiff to accept an untimely answer as timely must show both a reasonable excuse for the default and the existence of a potentially meritorious defense (see CPLR 2004,…
2Cases cited2 opinions
- Community Preservation Corp. v. Bridgewater Condominiums, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Taddeo-Amendola v. 970 Assets, LLCAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by11 opinions
- Deutsche Bank National Trust Co. v. KuldipAppellate Division of the Supreme Court of the State of New York · 2016
- TCIF REO GCM, LLC v. WalkerAppellate Division of the Supreme Court of the State of New York · 2016
- US Bank, N.A. v. SamuelAppellate Division of the Supreme Court of the State of New York · 2016
- Aurora Loan Services, LLC v. LuceroAppellate Division of the Supreme Court of the State of New York · 2015
- Wells Fargo Bank, N.A. v. SinghAppellate Division of the Supreme Court of the State of New York · 2017
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