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Behette v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 628 (N.Y. App. Div. 2001)

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.


Summaries of

Behette v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2001
280 A.D.2d 628 (N.Y. App. Div. 2001)
Case details for

Behette v. Berry

Case Details

Full title:MADELENE BEHETTE, ETC., RESPONDENT, v. LADY LIZA BERRY, APPELLANT, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 26, 2001

Citations

280 A.D.2d 628 (N.Y. App. Div. 2001)
720 N.Y.S.2d 830