Legal Opinion

U.S. Bank, N.A. v. Bernhardt

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 2011PublishedCited by 6 opinions

1Opinion of the Court

*872After a hearing on the issue of the propriety of the service of process, the Supreme Court determined that, due to improper service, personal jurisdiction over the defendant Deborah Bernhardt, the owner of the foreclosed-upon property, had not been acquired. Thus, the Supreme Court granted that branch of Bernhardt’s motion which was to vacate the judgment of foreclosure and sale that had been entered upon her default in answering or appearing. However, relying upon its purported equitable powers, the Supreme Court denied that branch of Bernhardt’s motion which was to set aside the foreclosure…

2Cases cited7 opinions

  1. McMullen v. ArnoneAppellate Division of the Supreme Court of the State of New York · 1981
  2. Bank One National Ass'n v. OsorioAppellate Division of the Supreme Court of the State of New York · 2006
  3. Berlin v. SordilloAppellate Division of the Supreme Court of the State of New York · 1992
  4. Federal Home Loan Mortgage Corp. v. MacPhersonAppellate Division of the Supreme Court of the State of New York · 2000
  5. Ralph C. Sutro Co. v. ValenzuelaAppellate Division of the Supreme Court of the State of New York · 1985

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3Cited by6 opinions

  1. GFRE, Inc. v. U.S. Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Bank of New York Mellon Ex Rel. CIT Mortgage Loan Trust 2007-1 v. MaroldaAppellate Division of the Supreme Court of the State of New York · 2016
  3. Bank United, FSB v. VerbitskyAppellate Division of the Supreme Court of the State of New York · 2018
  4. Board of Mgrs. of 50 W. 127th St. Condominium v. KiddAppellate Division of the Supreme Court of the State of New York · 2019
  5. Wilmington Sav. Fund Socy., FSB v. ThomasAppellate Division of the Supreme Court of the State of New York · 2024

1 more not listed; retrieve them via the Exa API.

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