Opinion
5465 5465A Index 20428/06
01-16-2018
U.S. BANK NATIONAL ASSOCIATION, as Trustee FOR the STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006–BNC2, Plaintiff–Respondent, v. Nancy THOMPSON, Defendant–Appellant, Lagoon Estates Condominium, et al., Defendants.
The Wilson Law Firm LLC, Brooklyn (Earl A. Wilson of counsel), for appellant. Reed Smith LLP, New York (Zalika T. Pierre of counsel), for respondent.
The Wilson Law Firm LLC, Brooklyn (Earl A. Wilson of counsel), for appellant.
Reed Smith LLP, New York (Zalika T. Pierre of counsel), for respondent.
Friedman, J.P., Mazzarelli, Kapnick, Webber, Moulton, JJ.
Judgment of foreclosure and sale, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered February 4, 2016, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered February 4, 2016, which granted plaintiff's motion for a judgment of foreclosure, and denied defendant Nancy Thompson's cross motion to vacate a default and file a late answer, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Defendant waived her defense of lack of standing by failing to appeal from a July 2015 order that denied her prior motion to vacate a default and file a late answer to assert that defense see Trinidad v. Lantigua, 2 A.D.3d 163, 767 N.Y.S.2d 618 [1st Dept. 2003] ). In any event, defendant failed to demonstrate a reasonable excuse for her delay in appearing or answering the complaint (see Wells Fargo Bank, N.A. v. Jones, 139 A.D.3d 520, 524, 32 N.Y.S.3d 95 [1st Dept. 2016] ).