Gro-Wit Capital, Ltd. v. Obigor, LLC

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (F. Rivera, J.), dated September 12, 2008, which granted the renewed motion of the *786defendant David Hosten pursuant to, inter alia, CPLR 5015 (a) (4) to vacate a judgment of the same court entered November 16, 2006, in favor of the plaintiff and against him in the total sum of $305,499.57, and denied its cross motion to approve the entry of that judgment nunc pro tunc.

Ordered that the order is affirmed, with costs.

On a prior appeal by the plaintiff in this foreclosure action, this Court…