Deutsche Bank National Trust Co. v. Gutierrez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Efrain Gutierrez appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated November 2, 2011, which denied his motion to vacate his default in appearing or answering and for leave to interpose an answer.
Ordered that the order is affirmed, with costs.
A defendant seeking to vacate a default in appearing or answering must provide a reasonable excuse for the default and demonstrate a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Arias v First Presbyt. Church in Jamaica, 100 AD3d 940 [2012]; Ramirez v…
2Cases cited13 opinions
- Star Industries, Inc. v. Innovative Beverages, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Antoine v. BeeAppellate Division of the Supreme Court of the State of New York · 2006
- 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
- Garal Wholesalers, Ltd. v. Raven Brands, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
8 more not listed; retrieve them via the Exa API.