FAILED TO OFFER A "REASONABLE EXCUSE"
In this case, RN challenged a determination rendered by the Nassau County Supreme Court which denied her request to overturn an order and judgment of foreclosure and sale of her property.
While RN had timely filed an answer, when the lender later made a motion for pre-trial relief in its favor (via a motion for summary judgment), RN failed to oppose that application, resulting in the entry of a judgment against her.
When she later sought to vacate her default, the Supreme Court was of the view that RN failed to present a “reasonable excuse” for her original lack of responsiveness and denied RN’s request.
On appeal, since the Appellate Division, Second Department agreed that RN’s claimed “docketing error” was “conclusory and unsubstantiated,” the outcome was left undisturbed, and the foreclosure process was permitted to continue.
Now who’s default was that?
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DECISION