Legal Opinion

Fischman v. Gilmore

Appellate Division of the Supreme Court of the State of New York

Decided January 12, 1998PublishedCited by 10 opinions

1Opinion of the Court

In an action, inter alia, to foreclose a mortgage, the defendant Maggie Gilmore appeals from an order of the Supreme Court, Queens County (Berke, J.), dated November 21, 1996, which denied her motion pursuant to CPLR 5015 (a) (3) to vacate a judgment of default entered upon her failure to answer the complaint.

Ordered that the order is affirmed, without costs or disbursements.

In this mortgage foreclosure action, the appellant moved to vacate a judgment of default entered against her based upon “fraud, misrepresentation, or other misconduct of an adverse party” (CPLR 5015 [a] [3]). The…

2Cases cited3 opinions

  1. Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
  2. Morel v. ClachertyAppellate Division of the Supreme Court of the State of New York · 1992
  3. Berardo v. BerardoAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by10 opinions

  1. Bank of New York v. StradfordAppellate Division of the Supreme Court of the State of New York · 2008
  2. Bank of New York v. LagakosAppellate Division of the Supreme Court of the State of New York · 2006
  3. U.S. Bank, N.A. v. PetersAppellate Division of the Supreme Court of the State of New York · 2015
  4. Glukhman v. Bay 49th St. Condominium, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  5. Wells Fargo Bank v. LinzenbergAppellate Division of the Supreme Court of the State of New York · 2008

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