Opinion
Submitted January 26, 2001
February 26, 2001.
In an action to foreclose a mortgage, the defendant Lady Liza Berry appeals from an order of the Supreme Court, Kings County (Garson, J.), dated December 9, 1999, which denied her motion to stay foreclosure and to vacate a prior judgment of the same court, entered October 8, 1999, upon her default in answering the complaint.
Ilana R. Schwitzer, Brooklyn, N.Y., for appellant.
Diane C. Nardone, New York, N.Y., for respondent.
Before: KRAUSMAN, J.P., S. MILLER, McGINITY and FEUERSTEIN, JJ., concur.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In order to vacate her default in answering the complaint based upon her claim of intrinsic fraud, the appellant was required to demonstrate both a reasonable excuse for the default and a meritorious defense (see, CPLR 5015[a][3]; Fischman v. Gilmore, 246 A.D.2d 508; Morel v. Clacherty, 186 A.D.2d 638). The Supreme Court providently exercised its discretion in rejecting the appellant's excuse that she did not answer the complaint because she did not recognize the names of the people in the caption.