Skidelsky v. Merendino

In an action to foreclose a mortgage, the defendant Patricia Merendino appeals from an order of the Supreme Court, Queens County (Joy, J.), dated March 25, 1986, which denied her motion to vacate and set aside a default judgment of foreclosure and sale dated July 17, 1984.

Ordered that the order is affirmed, with costs.

Even if the appellant could show excusable default in failing to appear in the action, she has not been able to show a meritorious defense to the action. Therefore, vacatur of the judgment pursuant to CPLR 5015 (a) (1) is not warranted (see, e.g., Gray v B.R. Trucking Co., 59…