Legal Opinion

EMC Mortgage Corp. v. Asturizaga

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

Decided May 3, 2017No. 2014-09887PublishedCited by 11 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendant Diane Dimitry Asturizaga appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated. August 13, 2014, which denied her motion pursuant to CPLR 5015 to vacate a judgment of foreclosure and sale of the same court dated August 4, 2008, entered upon her default in answering the complaint, to set aside the foreclosure sale held pursuant thereto, and to dismiss the complaint insofar as asserted against her.

Ordered that the order is affirmed, with costs.

The plaintiff obtained a judgment of foreclosure and sale on August…

2Cases cited8 opinions

  1. Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
  2. Bank of New York v. StradfordAppellate Division of the Supreme Court of the State of New York · 2008
  3. Bank of New York v. LagakosAppellate Division of the Supreme Court of the State of New York · 2006
  4. Lal v. Ching Po NgAppellate Division of the Supreme Court of the State of New York · 2006
  5. U.S. Bank, N.A. v. PetersAppellate Division of the Supreme Court of the State of New York · 2015

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3Cited by11 opinions

  1. Wells Fargo Bank Minnesota, N.A. v. ColettaAppellate Division of the Supreme Court of the State of New York · 2017
  2. ETrade Bank v. EjenamAppellate Division of the Supreme Court of the State of New York · 2020
  3. Wells Fargo Bank, N.A. v. SalzmannAppellate Division of the Supreme Court of the State of New York · 2020
  4. HSBC Bank USA, N.A. v. SomalingamAppellate Division of the Supreme Court of the State of New York · 2022
  5. Bank of N.Y. Mellon Trust Co., N.A. v. RossAppellate Division of the Supreme Court of the State of New York · 2019

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

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