The defendant's contention that the plaintiff obtained the clerk's judgment by making false allegations in the complaint amounts to an allegation of intrinsic fraud. A defendant seeking to vacate a default based on intrinsic fraud, pursuant to CPLR 5015(a)(3), must establish a reasonable excuse for the default and a potentially meritorious defense to the action. Here, the defendant failed to establish a reasonable excuse for its default. Since the defendant failed to establish a reasonable excuse for the default, it is unnecessary to consider whether the defendant presented a potentially meritorious defense to the action.
Chase Bank USA, N.A. v. Laroche, NY Slip Op 05073 (2d Dep't August 31, 2022)
