Chopra v. Prusik

OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs, occupant’s motion to vacate the default final judgment granted and matter remitted for all further proceedings.

In this summary proceeding pursuant to RPAPL 713 (5), petitioner, who purportedly acquired the property by a referee’s deed executed pursuant to a mortgage foreclosure proceeding, obtained a final judgment of possession upon occupant’s default, and occupant moved pursuant to CPLR 5015 (a) (1) to vacate the final judgment and restore the matter to the trial calendar. In our view, the court below improvidently…