BANK OF NEW YORK v. SEGUI


42 A.D.3d 555 (2007)

840 N.Y.S.2d 408

BANK OF NEW YORK, Respondent, v. MARGARITA SEGUI, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 31, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

Vacatur of a default judgment requires the moving defendant to establish both a reasonable excuse for the default and a meritorious defense (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]; Credit-Based Asset Servicing & Securitization v Chaudry, 304 A.D.2d 708

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