DEUTSCHE BANK NATL. TRUST CO. v. CONWAY

2011-09057.

99 A.D.3d 755 (2012)

951 N.Y.S.2d 892

2012 NY Slip Op 6776

DEUTSCHE BANK NATIONAL TRUST COMPANY, Respondent, v. PURCELL CONWAY, Appellant, et al., Defendants.

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

October 10, 2012.


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

The Supreme Court properly denied that branch of the motion of the defendant Purcell Conway (hereinafter the appellant) which was, in effect, to vacate a judgment of foreclosure and sale entered January 18, 2008, upon his default in answering or appearing. A defendant seeking to vacate a default in appearing or answering must demonstrate a reasonable excuse for the default and a potentially meritorious...

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