Legal Opinion

Morgan Stanley Mortgage Loan Trust 2006-17XS v. Waldman

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

Decided September 23, 2015No. 2014-02245PublishedCited by 7 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Baynes, J.), dated June 15, 2013, which granted the motion of the defendant Joel Waldman, in effect, to vacate his default in appearing or answering and to dismiss the complaint pursuant to CPLR 3211 (a) (3) and 3215 (c).

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion is denied.

The plaintiff commenced this action to foreclose a mortgage after the borrower, the defendant Joel Waldman, defaulted on his residential mortgage…

2Cases cited3 opinions

  1. Wells Fargo Bank v. CerviniAppellate Division of the Supreme Court of the State of New York · 2011
  2. U.S. Bank National Ass'n v. SlavinskiAppellate Division of the Supreme Court of the State of New York · 2010
  3. Community Preservation Corp. v. Bridgewater Condominiums, LLCAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by7 opinions

  1. Hudson City Savings Bank v. BombaAppellate Division of the Supreme Court of the State of New York · 2017
  2. U.S. Bank National Ass'n v. AhmedAppellate Division of the Supreme Court of the State of New York · 2016
  3. PNC Bank, National Ass'n v. HarmonsonAppellate Division of the Supreme Court of the State of New York · 2017
  4. Bank of New York Mellon v. ColucciAppellate Division of the Supreme Court of the State of New York · 2016
  5. Bank of New York Mellon v. ColucciAppellate Division of the Supreme Court of the State of New York · 2016

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