Legal Opinion
Aames Capital Corp. v. Davidsohn
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2005PublishedCited by 25 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant John Davidsohn appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated May 12, 2004, which denied his motion to vacate a judgment of foreclosure and sale of the same court entered March 5, 1998, upon his default in appearing.
*475Ordered that the order is affirmed, with costs.
As the appellant did not attempt to argue that his default in appearing in the action was excusable, we view his motion to vacate the judgment as having been made pursuant to CPLR 5015 (a) (3), which provides that “[t]he court which rendered a…
2Cases cited4 opinions
- City of Albany Industrial Development Agency v. GargAppellate Division of the Supreme Court of the State of New York · 1998
- Miller v. LanziseraAppellate Division of the Supreme Court of the State of New York · 2000
- Richardson v. RichardsonAppellate Division of the Supreme Court of the State of New York · 2003
- Green Point Savings Bank v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by25 opinions
- Bank of New York v. StradfordAppellate Division of the Supreme Court of the State of New York · 2008
- Rockland Bakery, Inc. v. B.M. Baking Co.Appellate Division of the Supreme Court of the State of New York · 2011
- New Century Mortgage Corp. v. ChimmiriAppellate Division of the Supreme Court of the State of New York · 2017
- Sieger v. SiegerAppellate Division of the Supreme Court of the State of New York · 2008
- Dimery v. Ulster Savings BankAppellate Division of the Supreme Court of the State of New York · 2011
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