Legal Opinion

Kondaur Capital Corp. v. McAuliffe

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

Decided December 20, 2017No. 2016-01267PublishedCited by 8 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendants appeal from an order of the Supreme Court, Nassau County (Adams, J.), entered November 4, 2015, which denied their motion pursuant to CPLR 5015 (a) (1) and (4) to vacate a judgment of foreclosure and sale of the same court dated June 30, 2014, entered upon their failure to appear or answer the complaint, to set aside the foreclosure sale of the subject property, and to dismiss the complaint insofar as asserted against them for lack of personal jurisdiction and for failure to comply with RPAPL 1304 and 1306 or, in the alternative, for leave…

2Cases cited12 opinions

  1. McMullen v. ArnoneAppellate Division of the Supreme Court of the State of New York · 1981
  2. Roberts v. AnkaAppellate Division of the Supreme Court of the State of New York · 2007
  3. Washington Mutual Bank v. MurphyAppellate Division of the Supreme Court of the State of New York · 2015
  4. Wachovia Bank, National Ass'n v. GreenbergAppellate Division of the Supreme Court of the State of New York · 2016
  5. Wells Fargo Bank, NA v. BesemerAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by8 opinions

  1. Atlantica, LLC v. HunteAppellate Division of the Supreme Court of the State of New York · 2026
  2. Chachere v. PoulosAppellate Division of the Supreme Court of the State of New York · 2025
  3. Creswell Invs., Ltd. v. Brazil+Q1 Ltd.Appellate Division of the Supreme Court of the State of New York · 2025
  4. Deutsche Bank Natl. Trust Co. v. MladenAppellate Division of the Supreme Court of the State of New York · 2019
  5. Margarella v. UllianAppellate Division of the Supreme Court of the State of New York · 2018

3 more not listed; retrieve them via the Exa API.

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