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U.S. BANK, N.A. v. BUKOBZA

2015-06992, Index No. 13170/13.

142 A.D.3d 1070 (2016)

U.S. BANK, N.A., as Trustee for the REGISTERED HOLDERS OF ASSET-BACKED CERTIFICATES, SERIES 2005-HE4, Appellant, v. ZIV BUKOBZA et al., Defendants, and SPEC-U VII, INC., Respondent.

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

Decided September 21, 2016.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court did not improvidently exercise its discretion in granting those branches of the motion of the defendant Spec-U VII, Inc. (hereinafter Spec-U), which were, in effect, to vacate its default and for leave to serve a late answer. In moving to vacate its default, Spec-U was required to demonstrate both a reasonable excuse for the default and a potentially meritorious...

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