| U.S. Bank N.A. v Wei Feng Zhu |
| 2025 NY Slip Op 03154 [238 AD3d 628] |
| May 22, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| U.S. Bank National Association,
Respondent, v Wei Feng Zhu, Appellant, et al., Defendant. |
Jonathan S. Koren, P.C., Brooklyn (Jonathan Koren of counsel), for appellant.
Friedman Vartolo LLP, Garden City (Ronald P. Labeck of counsel), for respondent.
Judgments
- Default Judgment
- Vacatur
- Failure to Demonstrate Reasonable Excuse for Default
Order of the Supreme Court, New York County (Francis A. Kahn III, J.), entered on or about September 25, 2024, which denied defendant's motion to vacate the judgment of foreclosure and sale, unanimously affirmed, with costs.
Supreme Court providently exercised its discretion in denying defendant's motion, as his moving papers failed to demonstrate a reasonable excuse for the default and a meritorious defense to the action (CPLR 5015 [a]). Defendant's bare allegation of law office failure does not constitute a reasonable excuse (see Tao Liu v Sobin Chang, 227 AD3d 410, 410 [1st Dept 2024]). Because defendant has failed to demonstrate a reasonable excuse for his default, we need not determine whether he has offered a meritorious defense (see id. at 411). Concur—Webber, J.P., Moulton, Friedman, Gesmer, Michael, JJ.