Legal Opinion

HSBC Bank USA, National Ass'n v. Wider

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2012Published

1Opinion of the Court

In order to vacate his default in answering the complaint, the appellant (hereinafter the homeowner) was required to demonstrate a reasonable excuse for his failure to serve an answer and a potentially meritorious defense (see CPLR 5015 [a]; Ateres Hasofrim, Inc. v Kralik, 78 AD3d 1091, 1091 [2010]; Bank of N.Y. v Lagakos, 27 AD3d 678, 678 [2006]). While the Supreme Court has the discretion to accept law office failure as a reasonable excuse, the excuse must be supported by detailed allegations of fact explaining the law office failure (see Cantor v Flores, 94 AD3d 936, 936-937 [2012]).

Here,…

2Cases cited8 opinions

  1. Wells Fargo Bank v. CerviniAppellate Division of the Supreme Court of the State of New York · 2011
  2. Star Industries, Inc. v. Innovative Beverages, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Bank of New York v. LagakosAppellate Division of the Supreme Court of the State of New York · 2006
  4. Segovia v. Delcon Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Morel v. ClachertyAppellate Division of the Supreme Court of the State of New York · 1992

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