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FREMONT INVESTMENT & LOAN v. BERTRAM

2010-08688

90 A.D.3d 988 (2011)

934 N.Y.S.2d 822

2011 NY Slip Op 9590

FREMONT INVESTMENT & LOAN, Respondent, v. COURTNEY BERTRAM, Appellant.

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

Decided December 27, 2011.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion, inter alia, to vacate a judgment of foreclosure and sale entered against him upon his default in appearing or answering. A defendant seeking to vacate a default in appearing or answering must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Citimortgage, Inc. v Brown,

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