Legal Opinion
Citimortgage, Inc. v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 2011PublishedCited by 18 opinions
1Opinion of the Court
*645In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Orange County (Owen, J.), dated November 2, 2009, which denied his motion to vacate a judgment of foreclosure and sale of the same court dated January 14, 2009, entered upon his failure to appear or answer.
Ordered that the order is affirmed, with costs.
A defendant seeking to vacate a default in appearing or answering must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Development Strategies Co., LLC, Profit Sharing Plan v…
2Cases cited2 opinions
- U.S. Bank National Ass'n v. SlavinskiAppellate Division of the Supreme Court of the State of New York · 2010
- Development Strategies Co. v. Astoria Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
3Cited by18 opinions
- Deutsche Bank National Trust Co. v. LudenAppellate Division of the Supreme Court of the State of New York · 2012
- Wells Fargo Bank v. MalaveAppellate Division of the Supreme Court of the State of New York · 2013
- Private Capital Group, LLC v. HosseinipourAppellate Division of the Supreme Court of the State of New York · 2011
- Codoner v. Bobby's Bus Co.Appellate Division of the Supreme Court of the State of New York · 2011
- Fremont Investment & Loan v. BertramAppellate Division of the Supreme Court of the State of New York · 2011
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