Case Type
Other
Housing Type
Other
Court
Appellate Division; First Department
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
380778/13
Slip Opinion Number
2025 NY Slip Op 05459
Petitioner
Green Tree Servicing LLC
Respondent
Emma L. Rivera; 1812 Lacombe Ave. LLC
Judge
Webber; Mendez; Pitt-Burke; Higgitt; O'Neill Levy
Decision/Order Date
2025-10-07
Posture
Post-judgment Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Division; First Department; reversed the Supreme Court's denial of the landlord's motion to vacate a dismissal in a residential foreclosure action. The court found that the landlord established both a reasonable excuse for failing to appear at a status conference and a meritorious claim. Law office failure; stemming from confusion between outgoing and incoming counsel regarding appearance obligations and e-tracking; constituted a reasonable excuse. Given no willful conduct and proof of a meritorious action; the court granted the motion to vacate the default pursuant to CPLR 5015(a)(1); reinstating the complaint.
Keywords
Motion to Vacate Default Granted; Law Office Failure
Recommended Citation
"Green Tree Servicing LLC v. Rivera" (2025). All Decisions. 1994.
https://ir.lawnet.fordham.edu/housing_court_all/1994
