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ONEWEST BANK, FSB v. GALLOWAY

2014-09380, Index No. 48425/09.

148 A.D.3d 818 (2017)

2017 NY Slip Op 01704

49 N.Y.S.3d 484

ONEWEST BANK, FSB, Respondent, v. MILTON D. GALLOWAY, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 8, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

In December 2009, the plaintiff commenced this mortgage foreclosure action against, among others, the defendant Milton D. Galloway (hereinafter the defendant). A judgment of foreclosure and sale was entered upon the defendant's default in failing to answer the complaint. Thereafter, the defendant moved pursuant to CPLR 5015 (a) (2), (3), and (4) to vacate the judgment of foreclosure and sale...

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