Aurora Loan Services, LLC v. Lucero
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 Rosa Soto appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated May 30, 2014, which denied her motion to vacate her default in appearing or answering and for leave to serve a late answer.
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’ ” (Emigrant Bank v O. Carl Wiseman, 127 AD3d…
2Cases cited8 opinions
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- Piton v. CribbAppellate Division of the Supreme Court of the State of New York · 2007
- HSBC Bank USA, National Ass'n v. RotimiAppellate Division of the Supreme Court of the State of New York · 2014
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3Cited by9 opinions
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- HSBC Bank USA, N.A. v. PowellAppellate Division of the Supreme Court of the State of New York · 2017
- Chowdhury v. WeldonAppellate Division of the Supreme Court of the State of New York · 2020
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