Legal Opinion
Zwicker v. Emigrant Mortgage Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 3 opinions
1Opinion of the Court
*444Plaintiffs motion for a default judgment was properly denied since defendants proffered a reasonable excuse for the default and a meritorious defense to the action (see ICBC Broadcast Holdings-NY, Inc. v Prime Time Adv., Inc., 26 AD3d 239 [2006]). The evidence established that the parties were involved in settlement negotiations even after defendants’ extended time to answer the complaint had expired.
Plaintiffs first cause of action, alleging that the foreclosure notices were defective, was properly dismissed since the documentary evidence established that pursuant to UCC 9-611 (f) (3),…
2Cases cited6 opinions
- Margrove Inc. v. Lincoln First BankAppellate Division of the Supreme Court of the State of New York · 1976
- DeRosa v. Chase Manhattan Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- AJW Partners LLC v. Itronics Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- ICBC Broadcast Holdings-NY, Inc. v. Prime Time Advertising, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- FAB Industries, Inc. v. BNY Financial Corp.Appellate Division of the Supreme Court of the State of New York · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Atlas MF Mezzanine Borrower, LLC v. Macquarie Tex. Loan Holder LLCAppellate Division of the Supreme Court of the State of New York · 2019
- Peterec-Tolino v. HarapAppellate Division of the Supreme Court of the State of New York · 2012
- Scott v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2024