ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, Second Department
DecidedOctober 14, 2026
Citation2026 NY Slip Op 05989
Area of lawCivil Procedure
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 05989
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1226

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.

Read how Law Watch works

Published October 14, 2026. Updated October 14, 2026.