Legal Opinion

Chase Home Finance, LLC v. Quinn

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

Decided December 12, 2012Published

1Opinion of the Court

The Supreme Court providently exercised its discretion in denying the appellants’ motion to vacate a judgment of foreclosure and sale. The appellants failed to proffer any evidence that the plaintiff procured the judgment of foreclosure and sale by fraud, misrepresentation, or other misconduct (see CPLR 5015 [a] [3]; Wells Fargo Bank N.A. v Hornes, 94 AD3d 755 [2012]). Furthermore, a letter dated January 25, 2011, which was not in existence at the time the judgment of foreclosure and sale was entered, does not meet the criteria for newly discovered evidence pursuant to CPLR 5015 (a) (2) (see…

2Cases cited3 opinions

  1. Wells Fargo Bank N.A. v. HornesAppellate Division of the Supreme Court of the State of New York · 2012
  2. Coastal Sheet Metal Corp. v. RJR Mechanical Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. In re Ayodele Ademoli J.Appellate Division of the Supreme Court of the State of New York · 2008

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