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BANK OF N.Y. v. SEGUI

Appellate Division of the Supreme Court of New York, Second Department.
Jul 31, 2007
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Ordered that the order is affirmed insofar as appealed from, with costs.

Vacatur of a default judgment requires the moving defendant to establish both a reasonable excuse for the default and a meritorious defense ( see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Button Lbr. Co.), 67 NY2d 138, 141; Credit-Based Asset Servicing Securitization v Chaudry), 304 AD2d 708; Mary Immaculate Hosp. v New York Cent. Mut. Fire Ins. Co.), 296 AD2d 385, 386). The appellant failed to offer a reasonable excuse for her failure to answer or appear in the action and did not set forth the existence of a meritorious defense to foreclosure. Accordingly, the Supreme Court properly denied her motion to vacate the judgment of foreclosure and sale ( see Eugene Di Lorenzo, Inc. v A.C. Button Lbr. Co., supra; Credit-Based Asset Servicing Securitization v Chaudry, supra).

The appellant's remaining contentions are without merit