Wells Fargo Bank, N.A. v. Christie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Emilsen E. Restrepo appeals from an order of the Supreme Court, Suffolk County (MacKenzie, J.), dated November 7, 2008, which denied her motion pursuant to CPLR 5015 (a) (4) to vacate a judgment of foreclosure and sale dated July 28, 2008, entered upon her default in answering or appearing.
Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing to determine whether the defendant, Emilsen R. Restrepo, was properly served with process pursuant to CPLR 308 (2),…
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