Appellate Division of the Supreme Court of New York, 2012

Tribeca Lending Corp. v. Correa

Appellate Division of the Supreme Court of New York · Decided February 14, 2012

92 A.D.3d 770; 938 N.Y.2d 599

Cases that cite this one

20 later published cases cite this decision.

Wells Fargo Bank, N.A. v. Krauss (Appellate Division of the Supreme Court of New York 2015)
Trepel v. Greenman-Pedersen, Inc. (Appellate Division of the Supreme Court of New York 2012)
Trepel v. Greenman-Pedersen, Inc. (Appellate Division of the Supreme Court of New York 2012)
US Bank N.A. v. Salvatierra (Appellate Division of the Supreme Court of New York 2022)
Hamilton Public Relations v. Scientivity, LLC (Appellate Division of the Supreme Court of New York 2015)
Aurora Loan Services, LLC v. Lucero (Appellate Division of the Supreme Court of New York 2015)
Robinson v. Plaro Estates, Inc. (Appellate Division of the Supreme Court of New York 2014)
CEO Business Brokers, Inc. v. Alqabili (Appellate Division of the Supreme Court of New York 2013)
CEO Business Brokers, Inc. v. Alqabili (Appellate Division of the Supreme Court of New York 2013)
HSBC Mortgage Corp. (USA) v. Morocho (Appellate Division of the Supreme Court of New York 2013)
HSBC Mortgage Corp. (USA) v. Morocho (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)
Capital Source v. AKO Medical (Appellate Division of the Supreme Court of New York 2013)
Capital Source v. AKO Medical (Appellate Division of the Supreme Court of New York 2013)
Cantor v. Flores (Appellate Division of the Supreme Court of New York 2012)
People's United Bank v. Latini Tuxedo Management, LLC (Appellate Division of the Supreme Court of New York 2012)
People's United Bank v. Latini Tuxedo Management, LLC (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)

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

*771In order to prevail on that branch of her motion which was, in effect, to vacate the judgment of foreclosure and sale entered upon her default in appearing or answering the complaint, the defendant Rosemary Correa was required to demonstrate both a reasonable excuse for her default and the existence of a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; see Swedbank, AB, N.Y. Branch v Hale Ave. Borrower, LLC, 89 AD3d 922, 923-924 [2011]; Cohen v Romanoff, 83 AD3d 989 [2011]). Correa failed to proffer any explanation for her default (see Maida v Lessing’s Rest. Servs., Inc., 80 AD3d 732 [2011]; Alterbaum v Shubert Org., Inc., 80 AD3d 635 [2011]; Abdul v Hirschfield, 71 AD3d 707 [2010]), and the Supreme Court improvidently exercised its discretion in finding that her explanation for delaying in making the motion was sufficient to constitute a reasonable excuse for her default in appearing or answering the complaint in the first instance (see Bank of Am. v Faracco, 89 AD3d 879, 879-880 [2011]). In view of the lack of a reasonable excuse, it is unnecessary to consider whether Correa sufficiently demonstrated the existence of a potentially meritorious defense to the action (see Maida v Lessing’s Rest. Servs., Inc., 80 AD3d at 733; Abdul v Hirschfield, 71 AD3d 707 [2010]).

Accordingly, those branches of Correa’s motion which were to vacate the judgment of foreclosure and sale, to estop the referee from transferring title of the subject real property, and for leave to file and serve an answer with counterclaims should have been denied. Mastro, A.P.J., Angiolillo, Eng and Cohen, JJ., concur.

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