Fremont Investment & Loan v. Bertram
Cases that cite this one
9 later published cases cite this decision.
- 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)
- 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)
- Matter of Crai v. Crai (Appellate Division of the Supreme Court of New York 2015)
- 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)
- 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)
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
The Supreme Court properly denied the defendant’s motion, inter alia, to vacate a judgment of foreclosure and sale entered against him upon his default in appearing or answering. 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]; Citimortgage, Inc. v Brown, 83 AD3d 644, 645 [2011]; Development Strategies Co., LLC, Profit Sharing Plan v Astoria Equities, Inc., 71 AD3d 628 [2010]). Here, the defendant failed to set forth a reasonable excuse for his default in appearing or answering the complaint. We therefore need not reach the issue of whether the defendant proffered a potentially meritorious defense to the action.
The defendant’s remaining contentions either are without merit or need not be reached in light of the foregoing determination. Rivera, J.E, Florio, Austin and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.