Opinion
2014-03-26
CITIBANK (SOUTH DAKOTA), N.A., respondent, v. Inez BARON, appellant.
Inez Baron, Lido Beach, N.Y., appellant pro se.
In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Nassau County (Parga, J.), dated March 8, 2012, which denied her motion to vacate a prior order of the same court entered November 22, 2011, granting the plaintiff's unopposed motion for summary judgment.
ORDERED that the order dated March 8, 2012, is affirmed, without costs or disbursements.
In order to vacate her default in opposing the plaintiff's motion for summary judgment, the defendant was required to demonstrate both a reasonable excuse for her default and a potentially meritorious defense ( see Donovan v. Chiapetta, 72 A.D.3d 635, 897 N.Y.S.2d 908;Aurora Loan Servs. v. Grant, 70 A.D.3d 986, 893 N.Y.S.2d 898;Political Mktg., Int'l, Inc. v. Jaliman, 67 A.D.3d 661, 888 N.Y.S.2d 552). Here, the defendant failed to demonstrate either a reasonable excuse for her default or the existence of a potentially meritoriousdefense. Therefore, the Supreme Court properly denied her motion. DICKERSON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.