In our opinion, it was an improvident exercise of discretion to relieve respondent of her default, under the circumstances disclosed by the record. The proof presented was insufficient to establish that respondent's default resulted from mistake, inadvertence, surprise or excusable neglect. (Cf. Prager v. Beardsley, 133 App. Div. 592, and Carpello v. Carana, 219 App. Div. 736.) Moreover, it is not disputed that appellant is an assignee of the mortgage under...
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