SDF8 CBK, LLC v. 689 St. Marks Avenue, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the defendants 689 St. Marks Avenue, Inc., and Frank Morris appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Rosenberg, J.), dated November 29, 2011, as denied that branch of their motion which was pursuant to CPLR 5015 to vacate the default of the defendant 689 St. Marks Avenue, Inc.
Ordered that the order is affirmed insofar as appealed from, 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…
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