U.S. BANK TRUST N.A. v. RIVERA

382784/09. Appeal No. 12154N. Case No. 2019-04247.

187 A.D.3d 624 (2020)

131 N.Y.S.3d 129

2020 NY Slip Op 06040

U.S. Bank Trust N.A., as Trustee for LSF9 Master Participation Trust, Respondent, v. Samuel Rivera et al., Defendants, and Ruth Rivera, Appellant.

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

Decided October 22, 2020.


Defendant failed to proffer a reasonable excuse for her default in answering the complaint (see CPLR 5015[a][1]). A party seeking to vacate a default judgment must demonstrate a reasonable excuse for the default and a meritorious defense (see US Bank N.A. v Brown, 147 A.D.3d 428, 429 [1st Dept 2017]). "Absent a reasonable excuse, vacatur is not appropriate regardless of whether...

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