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Greenpoint Mortgage Funding v. Congregation Ohel Zissel

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


March 17, 2009

GREENPOINT MORTGAGE FUNDING, RESPONDENT,
v.
CONGREGATION OHEL ZISSEL, ETC., ET AL., DEFENDANTS, HENDY HIRSCH, ET AL., APPELLANTS.

In an action to foreclose a mortgage, the defendants Hendy Hirsch and JPMorgan Chase Bank appeal from an order of the Supreme Court, Rockland County (Kelly, J.), dated May 8, 2008, which denied their motion, inter alia, pursuant to CPLR 5015(a)(1) to vacate a judgment of foreclosure and sale of the same court dated January 29, 2008, entered upon their default in answering or appearing.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., DAVID S. RITTER, HOWARD MILLER and THOMAS A. DICKERSON, JJ.

(Index No. 7458/07)

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The defendants Hendy Hirsch and JPMorgan Chase Bank (hereinafter together the appellants) moved, inter alia, to vacate a judgment of foreclosure and sale entered upon their default in answering or appearing. However, neither appellant demonstrated any basis for granting the motion (see CPLR 5015[a][1], [4]; Wells Fargo Bank v Linzenberg, 50 AD3d 674; 425 East 26th St. Owners Corp. v Beaton, 50 AD3d 845; Wells Fargo Bank Minn. N.A. v Mastropaolo, 42 AD3d 239; Town House St., LLC v New Fellowship Full Gospel Baptist Church, Inc., 29 AD3d 893; Desiderio v Devani, 24 AD3d 495). Thus, the motion was properly denied.

RIVERA, J.P., RITTER, MILLER and DICKERSON, JJ., concur.

20090317

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