SRMOF II 2012-I TRUST v. TELLA

381099/12, 1265N, 1264N.

139 A.D.3d 599 (2016)

33 N.Y.S.3d 25

2016 NY Slip Op 04100

SRMOF II 2012-I TRUST, Respondent-Appellant, v. MERCY I. TELLA, Appellant-Respondent, et al., Defendants.

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

Decided May 26, 2016.


Plaintiff's excuse for its delay in moving for a default judgment indicates that there was activity well within the one-year period specified in CPLR 3215 (c) (see Pappoe v Custodio, 156 A.D.2d 211 [1st Dept 1989]). Defendant Tella offers no excuse for her default in answering the complaint, and her attempt to challenge the sufficiency of the documents underlying plaintiff's motion for a default judgment is unpreserved and in any...

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