Emigrant Mortgage Co. v. Westervelt

In an action to foreclose a mortgage, the defendant Douglas Westervelt, Jr., appeals from an order of the Supreme Court, Dutchess County (Brands, J.), dated June 26, 2012, which denied his motion, inter alia, pursuant to CPLR 5015 (a) (4) to vacate a judgment of foreclosure and sale of the same court entered December 4, 2012, upon his default in answering the complaint.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Dutchess County, for a hearing to determine whether the appellant was properly served with process and for a new…