Legal Opinion

Alliance Funding Co. of Nevada, Inc. v. Coward

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

Decided July 28, 1997Published

1Opinion of the Court

In an action to foreclose a mortgage, the defendant Ne-ville Coward appeals from an order of the Supreme Court, Kings County (Barasch, J.), dated February 22, 1996, which denied his motion, inter alia, to vacate a judgment entered upon his default in answering the complaint.

Ordered that the order is affirmed, with costs.

To establish entitlement to vacatur of a judgment entered upon the movant’s default, the movant must demonstrate a reasonable excuse for the default and a meritorious defense (see, Betancourth v Pacheco, 232 AD2d 442; Fennell v Mason, *533204 AD2d 599; Putney v Pearlman, 203…

2Cases cited3 opinions

  1. Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
  2. Fennell v. MasonAppellate Division of the Supreme Court of the State of New York · 1994
  3. Betancourth v. PachecoAppellate Division of the Supreme Court of the State of New York · 1996

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