Legal Opinion
Citimortgage, Inc. v. Guarino
New York Supreme Court
Decided January 6, 2014PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Thomas F. Whelan, J.
It is ordered that this motion (No. 003) by the plaintiff for an order vacating the judgment of foreclosure and sale dated December 14, 2009 is considered under CPLR 5015 and is denied.
This uncontested mortgage foreclosure action was commenced in December of 2007 and was concluded by the issuance and entry of a judgment in December of 2009. No answer was served by any of the named defendants and no non-answering appearances were interposed. The sale of the mortgaged property contemplated by the judgment was, however, not conducted.
By the instant motion…
2Cases cited34 opinions
- Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
- Reilly v. ReidNew York Court of Appeals · 1978
- Deposit Bank v. FrankfortSupreme Court of the United States · 1903
- Da Silva v. MussoNew York Court of Appeals · 1990
- Crouse v. . McVickarNew York Court of Appeals · 1912
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3Cited by1 opinion
- Bank of New York Mellon v. IzmirligilNew York Supreme Court · 2014