Legal Opinion
Citimortgage, Inc. v. Dulgeroff
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 2016No. 717 382451/09PublishedCited by 11 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered August 13, 2014, which denied nonparty West Fork Capital Equities, LLC’s motion to intervene and to vacate the default judgment of foreclosure, unanimously affirmed, without costs.
Contrary to the motion court’s ruling, West Fork’s failure to attach the judgment of foreclosure to its motion to intervene and to vacate the judgment is not a fatal defect. At most, the court should have directed West Fork to supplement or resubmit its papers (see Sea Trade Mar. Corp. v Coutsodontis, 111 AD3d 483, 486 [1st Dept 2013]).…
2Cases cited5 opinions
- 2386 Creston Avenue Realty, LLC v. M-P-M Management Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Westchester Federal Savings & Loan Ass'n v. H.E.W. Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Singer v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1983
- Amalgamated Bank v. Helmsley-Spear, Inc.New York Court of Appeals · 2015
- Martinez v. Estate of CarneyAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by11 opinions
- Deutsche Bank Natl. Trust Co. v. AllensteinAppellate Division of the Supreme Court of the State of New York · 2022
- US Bank N.A. v. CarringtonAppellate Division of the Supreme Court of the State of New York · 2020
- HSBC Bank USA, N.A. v. MinogueAppellate Division of the Supreme Court of the State of New York · 2022
- JP Morgan Chase Bank, N.A. v. WhiteAppellate Division of the Supreme Court of the State of New York · 2020
- Bank of Am., NA v. NocellaAppellate Division of the Supreme Court of the State of New York · 2021
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