Bank of New York v. Vandermeulen

In an action to foreclose a mortgage, the defendant Hendrika Vandermeulen appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated September 23, 2003, which, in effect, denied that branch of her motion which was to vacate and set aside the judgment of foreclosure and sale entered May 8, 2002.

*625Ordered that the order is reversed on the law, with costs, and that branch of the motion which was to vacate and set aside the judgment of foreclosure and sale entered May 8, 2002, is granted.

The plaintiff filed a notice of pendency on April 24, 2001, but did not attempt service…