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U.S. BANK N.A. v. STEWART

2010-09079.

97 A.D.3d 740 (2012)

948 N.Y.S.2d 411

2012 NY Slip Op 5626

U.S. BANK NATIONAL ASSOCIATION, as Trustee Relating to J.P. MORGAN MORTGAGE ACQUISITION CORP. 2005-FRE1 ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-FRE1, Respondent, v. ANDREW STEWART et al., Appellants.

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

July 18, 2012.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly denied that branch of the defendants' motion which was to vacate the judgment of foreclosure and sale dated September 7, 2007, entered upon their default in appearing or answering the complaint. 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...

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