Legal Opinion
Deutsche Bank National Trust Co. v. Ferguson
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2017No. 5180 382244/09PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered September 23, 2015, which, upon defendant Ferguson’s motion, vacated the judgment of foreclosure and sale and the notice of pendency filed October 13, 2009, canceled the auction sale, and dismissed the complaint without prejudice to renewal, unanimously affirmed, with costs.
Defendant established his entitlement to vacatur of the judgment of foreclosure and sale by showing that he was not properly served with the summons and complaint in this action (CPLR 308 [2]) and that therefore the court lacked jurisdiction to render the…
2Cases cited3 opinions
- Washington Mutual Bank v. MurphyAppellate Division of the Supreme Court of the State of New York · 2015
- NYCTL 1998-1 Trust & Bank of New York v. RabinowitzAppellate Division of the Supreme Court of the State of New York · 2004
- Gray-Joseph v. Shuhai LiuAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by6 opinions
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- Matter of William A. (Jessica F.)Appellate Division of the Supreme Court of the State of New York · 2021
- Valle v. GDT Enterprises, Inc.District Court, E.D. New York · 2020
- Wells Fargo Bank, N.A. v. HeavenAppellate Division of the Supreme Court of the State of New York · 2019
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