Citimortgage, Inc. v. Diamant

In an action to foreclose a mortgage, the defendant Simcha Diamant appeals from an order of the Supreme Court, Rockland County (Alfieri, Jr., J.), entered February 28, 2013, which, after a hearing to determine the validity of service of process, in effect, denied that branch of his motion which was pursuant to CPLR 5015 (a) (4) to vacate a default judgment of the same court dated July 7, 2009, insofar as entered against him, and a judgment of foreclosure and sale of the same court dated October 20, 2009.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, the…