Legal Opinion

Deutsche Bank National Trust Co. v. Conway

Appellate Division of the Supreme Court of the State of New York

Decided October 10, 2012Published

1Opinion of the Court

The Supreme Court properly denied that branch of the motion of the defendant Purcell Conway (hereinafter the appellant) which was, in effect, to vacate a judgment of foreclosure and sale entered January 18, 2008, upon his default in answering or appearing. A defendant seeking to vacate a default in appearing or answering must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; US Bank N.A. v Stewart, 97 AD3d 740 [2012]; Fremont Inv. & Loan v Bertram, 90 AD3d 988, 988 [2011]; Citimortgage, Inc. v Brown, 83 AD3d 644, 645…

2Cases cited2 opinions

  1. Citimortgage, Inc. v. BrownAppellate Division of the Supreme Court of the State of New York · 2011
  2. Fremont Investment & Loan v. BertramAppellate Division of the Supreme Court of the State of New York · 2011

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