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BANK OF AMERICA v. FARACCO

2010-07296.

89 A.D.3d 879 (2011)

932 N.Y.S.2d 706

2011 NY Slip Op 8313

BANK OF AMERICA, as Successor by Merger to LASALLE BANK, as Trustee under the Pooling and Servicing Agreement Dated December 1, 2006, GSAMP TRUST, Respondent, v. JOHN FARACCO et al., Defendants, and WILLIAM WEINBERG, Appellant.

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

Decided November 15, 2011.

Ordered that the order is affirmed, with costs.

In order to prevail on his motion to vacate the judgment of foreclosure and sale entered, in part, upon his default, the defendant William Weinberg was required to demonstrate both a reasonable excuse for his default in appearing or answering the complaint 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., ...

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