Wells Fargo Bank, N.A. v. Russell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In this action to foreclose a mortgage, the defendant Oswald Russell defaulted in appearing and answering the complaint. *861Eventually, the plaintiff moved for a judgment of foreclosure and sale, and the Supreme Court granted the motion, without opposition. Subsequently, Russell moved to vacate his default and extend his time to appear and answer. The Supreme Court held that Russell had failed to establish a reasonable excuse for his default, and it denied his motion without considering whether he had demonstrated the existence of a potentially meritorious defense to the action. Russell did not…
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