Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05989
U.S. Bank N.A. v Fulford
Read the official decision: 2026 NY Slip Op 05989
Holding The appeal from the foreclosure judgment was dismissed because no appeal lies from a judgment granted upon the default of the appealing party. The motion to vacate the judgment was properly denied because the defendant failed to establish a reasonable excuse for his default, which is required to vacate a default based on intrinsic fraud.
The court’s words
no appeal lies from an order or judgment granted upon the default of the appealing party
2026 NY Slip Op 05989, at the official text
since Cornelius failed to provide an excuse for his default, the court properly denied that branch of his motion
2026 NY Slip Op 05989, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05989 |
| Area of law | Civil Procedure |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05989 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1226 |
Recommended citation
ESQ HQ, New York Law Watch, U.S. Bank N.A. v Fulford, 2026 NY Slip Op 05989 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05989/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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