Opinion
January 12, 1998
Appeal from the Supreme Court, Queens County (Berke, J.).
Ordered that the order is affirmed, without costs or disbursements.
In this mortgage foreclosure action, the appellant moved to vacate a judgment of default entered against her based upon "fraud, misrepresentation, or other misconduct of an adverse party" (CPLR 5015 [a] [3]). The appellant alleged that the plaintiffs had obtained the underlying judgment of default through "intrinsic fraud" (Morel v. Clacherty, 186 A.D.2d 638, 639), rather than through "extrinsic fraud" (Shaw v. Shaw, 97 A.D.2d 403). Therefore, she was required, inter alia, to show a reasonable excuse for her default (see, Morel v. Clacherty, supra; Berardo v. Berardo, 205 A.D.2d 1036). Having failed to do so, the court properly denied the appellant's motion to vacate her default (Morel v. Clacherty, supra; Berardo v. Berardo, supra).
Rosenblatt, J.P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.