Legal Opinion
Citimortgage, Inc. v. Pembelton
New York Supreme Court
Decided February 5, 2013PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Thomas F. Whelan, J.
It is ordered that this motion (No. 001) by defendant, John H. *456Pembelton, III, to vacate his default in answering the summons and complaint, for dismissal of this action or for leave to serve and file a late answer is considered under CPLR 5015 (a) (1) and (4), 317 and 3012 and is denied.
The plaintiff commenced this action to foreclose an August 31, 2005 mortgage on real property given by the moving defendant, John H. Pembelton, III, to secure a mortgage note of the same date in the principal amount of $290,956.82. After defaulting in his obligations to…
2Cases cited38 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Aurora Loan Services, LLC v. WeisblumAppellate Division of the Supreme Court of the State of New York · 2011
- Wells Fargo Bank Minnesota, National Ass'n v. MastropaoloAppellate Division of the Supreme Court of the State of New York · 2007
- Bankers Trust Co. of California, N.A. v. TsoukasAppellate Division of the Supreme Court of the State of New York · 2003
- Wassertheil v. Elburg, LLCAppellate Division of the Supreme Court of the State of New York · 2012
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3Cited by1 opinion
- Citi Mortgage, Inc. v. BaserAppellate Division of the Supreme Court of the State of New York · 2016