Zaccaria v. Russell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover on a mortgage, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Brucia, J.H.O.), dated May 23, 2000, as denied his motion pursuant to CPLR 5015 (a) (2) and (3) to vacate a judgment of the same court, dated November 15, 1999, which is in favor of the defendants and against him dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the plaintiff’s motion which was to vacate the judgment pursuant to CPLR 5015 (a)…
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