HOME SAVINGS BANK v. WATERSEDGE ESTATES, INC.


288 A.D.2d 266 (2001)

732 N.Y.S.2d 867

HOME SAVINGS BANK, Respondent, v. WATERSEDGE ESTATES, INC., et al., Defendants, and KO-CHENG CHENG, Appellant.

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

Decided November 13, 2001.


Ordered that the orders are affirmed, with one bill of costs.

On April 14, 2000, the appellant moved to vacate a judgment entered against him in a mortgage foreclosure action five years earlier on the ground that he was not served with the summons and complaint. The Supreme Court providently exercised its discretion in denying the appellant's motion. The appellant was not entitled to vacate the judgment on the ground of lack of personal jurisdiction since his attorney...

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