HSBC Bank USA, National Ass'n v. Wider

*684The plaintiff (hereinafter the bank) commenced this action against, among others, the appellant (hereinafter the homeowner) to foreclose a mortgage. The bank moved, inter alia, for summary judgment dismissing the answer. The homeowner failed to oppose the motion, and the Supreme Court granted that branch of the bank’s motion upon the homeowner’s default.

More than two years later, the homeowner moved, in effect, to vacate so much of the order dated September 9, 2008, as granted that branch of the bank’s motion which was for summary judgment dismissing his answer. In the order appealed from,…