US BANK N.A. v. OKEKE

10179, 380322/09.

176 A.D.3d 575 (2019)

108 N.Y.S.3d 861

2019 NY Slip Op 07687

US Bank National Association, Appellant, v. Evelyn Okeke, Respondent, et al., Defendants.

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

Decided October 24, 2019.


Attorney(s) appearing for the Case

Gross Polowy, LLC, Westbury ( Alexandria Kaminski of counsel), for appellant.

Kenneth R. Berman , Forest Hills, for respondent.

Concur—Friedman, J.P., Kapnick, Oing, Singh, JJ.


The record demonstrates that plaintiff has a meritorious claim. The issue is whether it has demonstrated a reasonable excuse to warrant vacatur of the underlying dismissal order that was obtained on default.

Here, plaintiff contends that it was not properly served with defendant Okeke's motion to strike the complaint. The parties' conflicting affirmations based on personal knowledge of this issue are sufficient to warrant a traverse hearing to determine...

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