BABU v. 29 CORTLANDT ST. REALTY CORP.


289 A.D.2d 273 (2001)

735 N.Y.S.2d 135

KOCHUMATHEN A. BABU et al., Appellants, v. 29 CORTLANDT ST. REALTY CORP. et al., Respondents.

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

Decided December 10, 2001.


Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings in accordance herewith.

The plaintiffs commenced this plenary action, inter alia, to set aside certain conveyances made pursuant to a judgment entered in a prior foreclosure action. This relief should have been pursued by way of a motion to vacate pursuant to CPLR 5015 (a) in the foreclosure action...

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