TERRAPIN INDUSTRIES, LLC v. THE BANK OF NEW YORK

533, 152289/14.

137 A.D.3d 569 (2016)

27 N.Y.S.3d 153

2016 NY Slip Op 01905

TERRAPIN INDUSTRIES, LLC, Respondent, v. THE BANK OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 17, 2016.


Plaintiff, a limited liability company whose managing member is Colin D. Rath, was granted a default judgment on its action to discharge and cancel a mortgage concerning property located at 121 West 15th St., New York, New York. Defendant, the holder of the mortgage, moved to vacate the default judgment.

To vacate a default, a party must demonstrate both a reasonable excuse and the existence of a meritorious defense; "certain law office failures may constitute reasonable...

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