GO SWEAT, LLC v. GRA LEGAL TIT. TRUST 2013-1

Index No. 32505/18, Appeal No. 1892, Case No. 2023-03274.

2024 NY Slip Op 01507

GO SWEAT, LLC, Respondent, v. GRA LEGAL TITLE TRUST 2013-1, U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE, Defendant, BANK OF AMERICA, N.A. Nonparty Appellant.

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

Decided March 19, 2024.


Attorney(s) appearing for the Case

Aldridge Pite, LLP, Melville ( Kenneth M. Sheehan of counsel), for appellant.

Gallet Dreyer & Berkey, LLP, New York ( Michelle P. Quinn of counsel), for respondent.

Before: Kern, J.P., Moulton, Gesmer, Mendez, Michael, JJ.


Order, Supreme Court, Bronx County (Andrew J. Cohen, J.), entered on or about December 5, 2022, which, insofar as appealed from, denied nonparty Bank of America, N.A.'s motion to vacate the default judgment entered against defendant, unanimously affirmed, without costs.

As the motion court correctly found, appellant failed to show that it had a reasonable excuse for its delay in appearing and answering the complaint, as required by CPLR 5015(a)(1) (see LaSalle...

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