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CREDIT-BASED ASSET SERVICING AND SECURITIZATION, LLC. v. CHAUDRY

304 A.D.2d 708 (2003)

757 N.Y.S.2d 791

CREDIT-BASED ASSET SERVICING AND SECURITIZATION, LLC, Respondent, v. MARIE L. CHAUDRY, Appellant, et al., Defendants.

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

Decided April 21, 2003.

Ordered that the judgment is affirmed, with costs.

Although the judgment dated March 13, 2002, was entered upon the appellant's default, appellate review of the order dated June 9, 1999, is not precluded since the appellant may obtain review of "matters which were the subject of contest below" (James v Powell, 19 N.Y.2d 249, 256 n 3 [1967]).

On a motion to vacate a default in appearing or answering pursuant to CPLR...

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