AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

AURORA LOAN SERVICES, Respondent, v. PHILIP GRANT, Appellant, et al., Defendants.

Ordered that the order dated May 29, 2008, is affirmed insofar as appealed from, with costs.

"In order to prevail on a motion to vacate a default in opposing a motion, a moving party is required to demonstrate both a reasonable excuse for its default and a meritorious claim" ( Montague v Rivera, 50 AD3d 656, 657; see Raciti v Sands Point Nursing Home, 54 AD3d 1014; St. Rose v McMorrow, 43 AD3d 1146). Contrary to the appellant's contention, he failed to demonstrate that any of his counterclaims had merit.

The plaintiff satisfied its prima facie burden establishing its entitlement to judgment as a matter of law ( see Popular Fin. Servs., LLC v Williams, 50 AD3d 660; U.S. Bank Natl. Assn. TR U/S 6/01/98 [Home Equity Loan Trust 1998-2] v Alvarez, 49 AD3d 711). In opposition, the appellant failed to demonstrate the existence of a triable issue of fact as to a bona fide defense to the action ( see U.S. Bank Trust N.A. Trustee v Butti, 16 AD3d 408; Mahopac Natl. Bank v Baisley, 244 AD2d 466, 467). Accordingly, the Supreme Court properly granted those branches of the plaintiffs cross motion which were for summary judgment on the complaint and to dismiss the appellant's affirmative defenses.

The appellant's remaining contention is without merit.

Use AI to get other relevant cases.

Comments

AURORA LOAN SERVS. v. GRANT
(Feb 23, 2010)