Berk v. Ventura

Appellate Division of the Supreme Court of New York

Berk v. Ventura

278 A.D.2d 263, 718 N.Y.S.2d 181, 2000 N.Y. App. Div. LEXIS 12976

Appellate Division of the Supreme Court of the State of New York·Decided December 11, 2000·Published

Opinion

In an action to foreclose a mortgage, the defendant Anthony M. Ventura appeals from an order of the Supreme Court, Richmond County (Ponterio, J.), dated July 14, 1999, which denied his motion for leave to vacate a judgment entered against him upon his failure to appear or answer.

Ordered that the order is affirmed, with costs.

The defendant failed to show a meritorious defense to the action and therefore was not entitled to vacatur of the judgment [264] entered against him (see, CPLR 317; Nicolosi v Sleuth Sec. Sys., 247 AD2d 521). Bracken, J. P., Altman, Friedmann and Krausman, JJ., concur.

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In an action to foreclose a mortgage, the defendant Anthony M. Ventura appeals from an order of the Supreme Court, Richmond County (Ponterio, J.), dated July 14, 1999, which denied his motion for leave to vacate a judgment entered against him upon his failure to appear or answer.

Ordered that the order is affirmed, with costs.

The defendant failed to show a meritorious defense to the action and therefore was not entitled to vacatur of the judgment [264] entered against him (see, CPLR 317; Nicolosi v Sleuth Sec. Sys., 247 AD2d 521). Bracken, J. P., Altman, Friedmann and Krausman, JJ., concur.

Berk v. Ventura, 278 A.D.2d 263, 718 N.Y.S.2d 181, 2000 N.Y. App. Div. LEXIS 12976 (N.Y. Ct. App. 2000).

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