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WELLS FARGO BANK v. MALAVE

2011-03500, (Index No. 6567/06).

107 A.D.3d 880 (2013)

968 N.Y.S.2d 127

2013 NY Slip Op 4595

WELLS FARGO BANK, Respondent, v. JOSUE MALAVE et al., Defendants, and JANET MORALES et al., Appellants.

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

Decided June 19, 2013.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied that branch of the appellants' motion which was to vacate the judgment of foreclosure and sale dated January 30, 2007, which was 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...

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