Legal Opinion
Ohio Savings Bank v. Decaudin
Appellate Division of the Supreme Court of the State of New York
Decided June 17, 2015No. 2013-08708PublishedCited by 5 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scheinkman, J.), entered July 11, 2013, which granted the motion of the defendant David Brown pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against him.
Ordered that the order is affirmed, with costs.
To avoid dismissal of the action as abandoned pursuant to CPLR 3215 (c), the plaintiff was required to demonstrate a reasonable excuse for its delay in seeking a default judgment and a potentially meritorious cause of action (see Pipinias v J. Sackaris &…
2Cases cited5 opinions
- Giglio v. NTIMP Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Pipinias v. J. Sackaris & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- 115-41 St. Albans Holding Corp. v. Estate of HarrisonAppellate Division of the Supreme Court of the State of New York · 2010
- Counsel Abstract, Inc. Defined Benefit Pension Plan v. Jerome Auto Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- State Street Bank & Trust Co. v. FrancisAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
- Bank of New York Mellon v. IzmirligilAppellate Division of the Supreme Court of the State of New York · 2016
- Whiteside v. Ronald A. ManfrediAppellate Division of the Supreme Court of the State of New York · 2015
- Checksfield v. BergAppellate Division of the Supreme Court of the State of New York · 2017
- Checksfield v. BergAppellate Division of the Supreme Court of the State of New York · 2017
- Federal Natl. Mtge. Assn. v. HeilpernAppellate Division of the Supreme Court of the State of New York · 2018