Bank of New York v.Samuels

In an action to foreclose a mortgage, the defendant Andrea Samuels appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered August 18, 2011, which denied, without a hearing, her motion pursuant to CPLR 5015 and 317 to vacate a judgment of foreclosure and sale of the same court (Nicolai, J.), dated September 24, 2008, upon her default in answering or appearing.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, the Supreme Court properly denied, without a hearing, that branch of her motion which was pursuant to CPLR 5015 (a) (4)…