Tuthill Finance, L.P. v. Ujueta

In an action to foreclose a mortgage, the defendant Albert Ujueta appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered August 3, 2010, as denied that branch of his motion which was to vacate a judgment of foreclosure of the same court entered December 5, 2008, upon his default in appearing and answering.

Ordered that the order is affirmed insofar as appealed from, with costs.

A defendant seeking to vacate a default in appearing and answering the complaint must demonstrate a reasonable excuse for the default and a…