NATIONSTAR MTGE. LLC v. AHMED

Index No. 381238/08. Appeal No. 13867. Case No. 2020-03505.

194 A.D.3d 575 (2021)

144 N.Y.S.3d 337

2021 NY Slip Op 03259

Nationstar Mortgage LLC, Respondent, v. Ferhana Ahmed, Appellant, et al., Defendants.

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

Decided May 20, 2021.


Attorney(s) appearing for the Case

The Rosenfeld Law Office, Lawrence ( Avi Rosenfeld of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York ( Jane H. Torcia of counsel), for respondent.

Concur—Acosta, P.J., Webber, Kennedy, Shulman, JJ.


To have a late answer deemed timely served nunc pro tunc, and avoid the entry of a default judgment, a nonanswering defendant is required to provide a reasonable excuse for the delay in answering and demonstrate a potentially meritorious defense to the action (see CPLR 5015[a][1]), which defendant Ahmed failed to do.

Were defendant's arguments raised in opposition to plaintiff's motion for a judgment of foreclosure and sale to be considered, such arguments...

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