Appellate Division, Third Department · October 29, 2026 · 2026 NY Slip Op 06371
Wilmington Savings Fund Society, FSB, as Trustee, v Helena Laurino, Also Known as Helena T. Laurino, Appellant, et al., Defendants.
Read the official decision: 2026 NY Slip Op 06371
Holding The Appellate Division affirmed the judgment of foreclosure and sale, finding no abuse of discretion in the lower court’s denial of the defendant’s motion to vacate the default judgment due to insufficient proof of a reasonable excuse. The court further upheld the confirmation of the referee’s report, rejecting the defendant’s challenges to the evidence and calculations as unsupported by admissible record evidence.
The court’s words
conclusory and unsubstantiated allegations . . . [are] insufficient to amount to a reasonable excuse for [her] default
2026 NY Slip Op 06371, at the official text
such facts substantiate the prejudice that would result to plaintiff in allowing vacatur at this stage of the litigation
2026 NY Slip Op 06371, at the official text
the report of a referee should be confirmed if the findings therein are supported by the record
2026 NY Slip Op 06371, at the official text
defendant[ ] failed to reveal error by Supreme Court in confirming the referee's report and awarding a judgment of foreclosure and sale
2026 NY Slip Op 06371, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | October 29, 2026 |
| Citation | 2026 NY Slip Op 06371 |
| Area of law | Mortgage Foreclosure · Real Property |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06371 |
| 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 | 1673 |
Recommended citation
ESQ HQ, New York Law Watch, Wilmington Savings Fund Society, FSB, as Trustee, v Helena Laurino, Also Known as Helena T. Laurino, Appellant, et al., Defendants., 2026 NY Slip Op 06371 (Appellate Division, Third Department, October 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06371/
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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