Legal Opinion
Calderock Joint Ventures, L.P. v. Mitiku
Appellate Division of the Supreme Court of the State of New York
Decided November 20, 2007PublishedCited by 10 opinions
1Opinion of the Court
*453Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered October 17, 2006, which, inter alia, denied defendant Benyam Mitiku’s motion to vacate a deficiency judgment, unanimously affirmed, without costs.
Twelve years after failing to answer or appear in the underlying mortgage foreclosure action, which resulted in a deficiency judgment and a wage garnishment order against him, appellant made a motion under CPLR 5015 (a) (4) to vacate the judgment, alleging that service of process of the 1994 summons and complaint had not been properly effectuated in accordance with the “nail and…
2Cases cited2 opinions
- Greenwich Savings Bank v. JAJ Carpet Mart, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Lomando v. DuncanAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by10 opinions
- Cadlerock Joint Venture, L.P. v. KierstedtAppellate Division of the Supreme Court of the State of New York · 2014
- Sikorsky v. City of Newburgh, N.Y.Appellate Division of the Supreme Court of the State of New York · 2020
- Augustin v. AugustinAppellate Division of the Supreme Court of the State of New York · 2010
- Option One Mortgage Corp. v. DaddiAppellate Division of the Supreme Court of the State of New York · 2009
- Augustin v. AugustinAppellate Division of the Supreme Court of the State of New York · 2010
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