The court providently exercised its discretion in denying defendant's motion to vacate. After failing to oppose plaintiff's motion for summary judgment on its mortgage foreclosure complaint and its subsequent motion for the entry of a judgment of foreclosure and sale, defendant moved to vacate the judgment and the underlying order. However, she failed to appear for oral argument, and the motion was denied. Defendant then appealed from the denial of the motion to vacate the order that denied her first motion to vacate. The Appellate Division noted that, in support of the motion, defendant failed to demonstrate any excuse, much less a reasonable excuse, for her failure to contest the dispositive motions. In the absence of a reasonable excuse, the Appellate Division did not consider whether defendant demonstrated a meritorious defense.
U.S. Bank N.A. v. Hattim, NY Slip Op 03856 (1st Dep't July 9, 2020)
Here is the decision.
