Appellate Division of the Supreme Court of New York, 2011

Citimortgage, Inc. v. Brown

Appellate Division of the Supreme Court of New York · Decided April 5, 2011

83 A.D.3d 644; 919 N.Y.S.2d 894

Cases that cite this one

18 later published cases cite this decision.

EMC Mortgage Corp. v. Lamb (Appellate Division of the Supreme Court of New York 2015)
U.S. Bank National Ass'n v. Alba (Appellate Division of the Supreme Court of New York 2015)
Deutsche Bank National Trust Co. v. Ramirez (Appellate Division of the Supreme Court of New York 2014)
Deutsche Bank National Trust Co. v. Ramirez (Appellate Division of the Supreme Court of New York 2014)
Tuthill Finance, L.P. v. Ujueta (Appellate Division of the Supreme Court of New York 2013)
Tuthill Finance, L.P. v. Ujueta (Appellate Division of the Supreme Court of New York 2013)
Wells Fargo Bank v. Malave (Appellate Division of the Supreme Court of New York 2013)
Wells Fargo Bank v. Malave (Appellate Division of the Supreme Court of New York 2013)
Deutsche Bank National Trust Co. v. Luden (Appellate Division of the Supreme Court of New York 2012)
Targee Street Internal Medicine Group, P.C. v. Deutsche Bank National Trust Co. (Appellate Division of the Supreme Court of New York 2012)
U.S. Bank National Ass'n v. Stewart (Appellate Division of the Supreme Court of New York 2012)
U.S. Bank National Ass'n v. Stewart (Appellate Division of the Supreme Court of New York 2012)
Deutsche Bank National Trust Co. v. Conway (Appellate Division of the Supreme Court of New York 2012)
Deutsche Bank National Trust Co. v. Conway (Appellate Division of the Supreme Court of New York 2012)
Codoner v. Bobby's Bus Co. (Appellate Division of the Supreme Court of New York 2011)
Private Capital Group, LLC v. Hosseinipour (Appellate Division of the Supreme Court of New York 2011)
Fremont Investment & Loan v. Bertram (Appellate Division of the Supreme Court of New York 2011)
Zaidman v. Zaidman (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion 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 Astoria Equities, Inc., 71 AD3d 628 [2010]; U.S. Bank N.A. v Slavinski, 78 AD3d 1167 [2010]). Here, the Supreme Court properly determined that the defendant failed to establish a reasonable excuse for his failure to appear or answer. In any event, the defendant failed to demonstrate the existence of a potentially meritorious defense.

The defendant’s remaining contentions are either without merit or improperly raised for the first time on appeal. Accordingly, the defendant’s motion to vacate the judgment of foreclosure and sale, entered upon his failure to appear or answer, was correctly denied. Rivera, J.P., Chambers, Hall and Lott, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.