LaSALLE BANK NATIONAL ASSOCIATION v. CALLE

2015-11373. Index No. 9507/09.

153 A.D.3d 801 (2017)

61 N.Y.S.3d 104

2017 NY Slip Op 06262

LaSALLE BANK NATIONAL ASSOCIATION, as Trustee on Behalf of the Holders of the BSAMP TRUST 2006-HE4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE4, Respondent, v. EDWIN E. CALLE, Appellant, et al., Defendants.

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

Decided August 23, 2017.


Ordered that the order is affirmed, with costs.

In this action to foreclose a mortgage, the defendant Edwin E. Calle (hereinafter the defendant) moved to vacate a judgment of foreclosure and sale dated June 1, 2010, entered upon his failure to appear or answer the complaint. The Supreme Court denied the motion, and the defendant appeals.

A defendant seeking to vacate a default in answering or appearing upon the ground of excusable default must demonstrate...

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