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CITIBANK v. KELLER

133 A.D.2d 63 (1987)

Citibank, N. A., Respondent, v. Horst Keller, Defendant. Joaquina J. Keller, Appellant. (Action No. 1.) Citibank, N. A., Respondent, v. Horst Keller, Defendant. Joaquina J. Keller, Nonparty-Appellant. (Action No. 2.) European American Bank and Trust Company, Respondent, v. Horst Keller, Defendant. Joaquina J. Keller, Nonparty-Appellant. (Action No. 3.) Irving Trust Company, Respondent, v. Horst Keller, Defendant. Joaquina J. Keller, Nonparty-Appellant. (Action No. 4.) National Bank of North America, Respondent, v. Horst Keller, Defendant. Joaquina J. Keller, Nonparty-Appellant. (Action No. 5.)

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

August 3, 1987

Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, and the default judgments are vacated.

We find that the appellant is an "interested person" within the meaning of CPLR 5015 (a) who has standing to bring a motion to vacate the default judgments entered against the defendant Horst Keller, her former husband. Pursuant to a divorce judgment, the appellant was awarded exclusive possession...

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