Legal Opinion
LESNIAK, HILARY v. WELLS FARGO BANK NA
Appellate Division of the Supreme Court of the State of New York
Decided February 14, 2014No. CA 13-00831PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Centra, J.E
On this appeal, we must decide whether to vacate an order that modified a default judgment of foreclosure by including an additional parcel. We conclude, inter alia, that plaintiff has made a clear showing of entitlement to such vacatur.
Facts and Procedural History
These two actions have a lengthy factual and procedural history. In March 1997, Kathryn Podeswik (decedent) purchased two adjacent parcels of real property in Herkimer County; parcel No. 1 is improved by a two-family dwelling, and parcel No. 2 is improved by a four-family dwelling. Both parcels were…
2Cases cited24 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
- Hodes v. AxelrodNew York Court of Appeals · 1987
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Oppenheimer v. WestcottNew York Court of Appeals · 1979
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3Cited by5 opinions
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