Legal Opinion

Kurlander v. Willie

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

Decided November 8, 2007PublishedCited by 8 opinions

1Opinion of the CourtCarpinello, J.

Appeal from an order of the Supreme Court (Sackett, J.), entered October 26, 2006 in Sullivan County, which, among other things, denied defendant’s motion to vacate a default judgment of foreclosure and sale.

Plaintiffs commenced the instant mortgage foreclosure action in May 2001 and personally served the summons and complaint on defendant at his residence. In July 2001, defendant went to the office of plaintiffs’ attorney and paid the unpaid principal *1007balance on the loan. He obtained a receipt marked “paid in full.” Notwithstanding, it is alleged that defendant was orally informed at this…

2Cases cited5 opinions

  1. Bankers Trust Co. of California, N.A. v. TsoukasAppellate Division of the Supreme Court of the State of New York · 2003
  2. Gagen v. Kipany Productions, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001
  3. U.S. Bank National Ass'n v. VanvlietAppellate Division of the Supreme Court of the State of New York · 2005
  4. USF&G v. MaggioreAppellate Division of the Supreme Court of the State of New York · 2002
  5. Olympia Mortgage Corp. v. RamirezAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by8 opinions

  1. Owens v. FreemanAppellate Division of the Supreme Court of the State of New York · 2009
  2. Whiteside v. Ronald A. ManfrediAppellate Division of the Supreme Court of the State of New York · 2015
  3. Carver Federal Savings Bank v. Shaker Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Gage v. Village of CatskillAppellate Division of the Supreme Court of the State of New York · 2016
  5. TD Banknorth, N.A. v. OlsenAppellate Division of the Supreme Court of the State of New York · 2013

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