Wells Fargo Bank, N.A. v. Joshi

Appellate Division of the Supreme Court of New York

Wells Fargo Bank, N.A. v. Joshi

114 A.D.3d 936, 980 N.Y.S.2d 819

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

DecidedFebruary 26, 2014

StatusPublished

This text of 114 A.D.3d 936 (Wells Fargo Bank, N.A. v. Joshi) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wells Fargo Bank, N.A. v. Joshi, 114 A.D.3d 936, 980 N.Y.S.2d 819 (N.Y. Ct. App. 2014).

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Opinion

In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Nassau County (Iannacci, J.), dated July 24, 2012, which denied her motion pursuant to CPLR 5015 (a) (1) to vacate her default in answering the complaint or appearing in the action.

Ordered that the order is affirmed, with costs.

A defendant seeking to vacate a default judgment pursuant to CPLR 5015 (a) (1) must demonstrate a reasonable excuse for the default and a potentially meritorious defense (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Capital Source v AKO Med., P.C., 110 AD3d 1026, 1026 [2013]; Wells Fargo Bank v Malave, 107 AD3d 880, 881 [2013]; CEO Bus. Brokers, Inc. v Alqabili, 105 AD3d 989, 990 [2013]). Here, even if the defendant established a reasonable excuse for her default, she failed to demonstrate that she had a potentially meritorious defense to this foreclosure action. Accordingly, the Supreme Court properly denied the defendant’s motion pursuant to CPLR 5015 (a) (1) to vacate her default.

[937]*937The defendant’s remaining contentions are without merit. Mastro, J.E, Dickerson, Lott and Hinds-Radix, JJ., concur.

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In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Nassau County (Iannacci, J.), dated July 24, 2012, which denied her motion pursuant to CPLR 5015 (a) (1) to vacate her default in answering the complaint or appearing in the action.

Ordered that the order is affirmed, with costs.

A defendant seeking to vacate a default judgment pursuant to CPLR 5015 (a) (1) must demonstrate a reasonable excuse for the default and a potentially meritorious defense (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Capital Source v AKO Med., P.C., 110 AD3d 1026, 1026 [2013]; Wells Fargo Bank v Malave, 107 AD3d 880, 881 [2013]; CEO Bus. Brokers, Inc. v Alqabili, 105 AD3d 989, 990 [2013]). Here, even if the defendant established a reasonable excuse for her default, she failed to demonstrate that she had a potentially meritorious defense to this foreclosure action. Accordingly, the Supreme Court properly denied the defendant’s motion pursuant to CPLR 5015 (a) (1) to vacate her default.

[937]*937The defendant’s remaining contentions are without merit. Mastro, J.E, Dickerson, Lott and Hinds-Radix, JJ., concur.

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Bluebook (online)

114 A.D.3d 936, 980 N.Y.S.2d 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-fargo-bank-na-v-joshi-nyappdiv-2014.

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