Legal Opinion

Federal National Mortgage Ass'n v. Roth

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

Decided June 9, 1997PublishedCited by 8 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendants appeal from an order of the Supreme Court, Suffolk County (Rohl, J.), dated May 30, 1996, which, inter alia, denied their motion to vacate a judgment of foreclosure and sale entered against them.

Ordered that the order is affirmed, with costs.

The Supreme Court’s determination as to credibility at the hearing to determine whether the defendants had been served with process in the action is entitled to great deference on appeal, since it had the opportunity to see and hear the witnesses. Based upon that determination, the Supreme Court…

2Cases cited3 opinions

  1. Wern v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1995
  2. Brooklyn Union Gas Co. v. ArraoAppellate Division of the Supreme Court of the State of New York · 1984
  3. Citibank, N. A. v. BaronatAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by8 opinions

  1. Avco Mortgage Co. v. WardAppellate Division of the Supreme Court of the State of New York · 1998
  2. Home Federal Savings Bank v. MahoodAppellate Division of the Supreme Court of the State of New York · 1999
  3. Leonard v. GrimesAppellate Division of the Supreme Court of the State of New York · 1998
  4. Norwest Mortgage, Inc. v. DiazAppellate Division of the Supreme Court of the State of New York · 2000
  5. Staton v. OmwukemeAppellate Division of the Supreme Court of the State of New York · 2000

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