Schiavetta v. McKeon
| Decision Date | 08 February 1993 |
| Parties | Donald SCHIAVETTA, Respondent, v. Victoria I. McKEON, et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Speno Goldman Goldberg Steingart & Penn, P.C., Mineola (Peter Sullivan, of counsel), for appellants.
Montfort, Healy, McGuire & Salley, Garden City (Bruce A. Cook and E. Richard Rimmels, Jr., of counsel), for respondent.
Before THOMPSON, J.P., and BALLETTA, ROSENBLATT and EIBER, JJ.
MEMORANDUM BY THE COURT.
In an action to foreclose a mortgage, the defendants Victoria I. McKeon and Thomas McKeon appeal from (1) a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated June 6, 1989, entered upon their default in answering the complaint, which, inter alia, directed the sale of certain premises, (2) an order of the same court, dated November 9, 1989, which confirmed a Referee's report of the foreclosure sale and directed the Referee to execute and deliver a deed of conveyance to the plaintiff, and (3) an order of the same court dated August 23, 1990, which, upon granting the plaintiff's motion to reargue his opposition to the defendants' motion to vacate their default, vacated a prior order of the same court, dated March 5, 1990, which directed a hearing on the motion to vacate, and denied the defendants' motion.
ORDERED that the respondent is awarded one bill of costs.
On January 14, 1986, the plaintiff Donald Schiavetta loaned the defendants Thomas McKeon and Virginia I. McKeon the sum of $110,000. The loan was secured by a mortgage on Virginia I. McKeon's home, and both defendants agreed to repay the principal sum of the loan and interest. The defendants subsequently defaulted on the loan, and the plaintiff commenced this foreclosure action by summons and complaint dated August 12, 1986. The defendants, however, failed to answer the complaint, and a default judgment of foreclosure was entered on June 6, 1989. The mortgaged house was thereafter sold to the plaintiff for the sum of $130,000 at a Referee's sale conducted on August 29, 1989. Five months later, the defendants moved to vacate their default and to set aside the judgment of foreclosure, claiming that...
To continue reading
Request your trial
-
Delbello, Donnellan, Weingarten, Wise & Wiederkehr, LLP v. Lopez
...asserted against it. (See, CPLR §5015; Putney v. Pearlman, 203 D.D.2d 333, 612 N.Y.S.2d 919 (2d Dept. 1994); Sciavetta v. McKeon, 190 A.D.2d 724, 593 N.Y.S.2d 468 (2d Dept. 1993); Shaw v. Shaw, 97 A.D.2d 403, 467 N.Y.S.2d 231 (2d Dept. 1983)). The determination of the sufficiency of the exc......
-
Morequity, Inc. v. Casale
...464, 779 N.Y.S.2d 917 [2d Dept 2004] ; Thattil v. Mondesir, 275 A.D.2d 408, 712 N.Y.S.2d 869 [2d Dept 2000] ; Schiavetta v. McKeon, 190 A.D.2d 724, 593 N.Y.S.2d 303 [2d Dept 1993] ; Starr Block Co. v. Tedesco, 146 A.D.2d 692, 538 N.Y.S.2d 463 [2d Dept 1989] ).Plaintiff does not deny that it......
-
Mortgage v. Spoleti
...464, 779 N.Y.S.2d 917 [2d Dept 2004] ; Thattil v. Mondesir, 275 A.D.2d 408, 712 N.Y.S.2d 869 [2d Dept 2000] ; Schiavetta v. McKeon, 190 A.D.2d 724, 593 N.Y.S.2d 303 [2d Dept 1993] ; Starr Block Co. v. Tedesco, 146 A.D.2d 692, 538 N.Y.S.2d 463 [2d Dept 1989] ).In an attempt to offer a reason......
-
Fierro v. Fierro
...establish both that there is a reasonable excuse for the default and that there exists a meritorious defense (see, Schiavetta v. McKeon, 190 A.D.2d 724, 593 N.Y.S.2d 303; Dowling Textile Mfg. Co. v. Land, 179 A.D.2d 621, 578 N.Y.S.2d 238; Larrieux v. Larrieux, 178 A.D.2d 582, 578 N.Y.S.2d 8......