Majority
p. 547[66 NYS3d 608]
U.S. Bank National Association, as Trustee for the Structured Asset Investment Loan Trust, 2006-BNC2, Respondent, v Nancy Thompson, Appellant, et al., Defendants.
Judgment of foreclosure and sale, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered February 4, 2016, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered February 4, 2016, which granted plaintiff’s motion for a judgment of foreclosure, and denied defendant Nancy Thompson’s cross motion to vacate a default and file a late answer, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
Defendant waived her defense of lack of standing by failing to appeal from a July 2015 order that denied her prior motion to vacate a default and file a late answer to assert that defense
p. 548
(see Trinidad v Lantigua, 2 AD3d 163 [1st Dept 2003]). In any event, defendant failed to demonstrate a reasonable excuse for her delay in appearing or answering the complaint (see Wells Fargo Bank, N.A. v Jones, 139 AD3d 520 , 524 [1st Dept 2016]).
Concur—Friedman, J.P., Mazzarelli, Kapnick, Webber and Moulton, JJ.
Cases cited
- Trinidad v. Lantigua 2 AD3d 163 p. 548
- Wells Fargo Bank, N.A. v. Jones 139 AD3d 520 at 524 p. 548