BANK ONE NATIONAL ASSOCIATION v. OSORIO


26 A.D.3d 452 (2006)

811 N.Y.S.2d 416

BANK ONE NATIONAL ASSOCIATION, Formerly Known as FIRST NATIONAL BANK OF CHICAGO, as Trustee, Respondent, v. MICHELLE NAPIER OSORIO, Appellant, et al., Defendants.

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

February 28, 2006.


Ordered that the order is reversed insofar as appealed from, on the law and facts, with costs, that branch of the motion which was to vacate as against the appellant the judgment of foreclosure and sale dated September 5, 2003, entered upon her default in appearing or answering, and to set aside the foreclosure sale of the property pursuant to the judgment based upon lack of personal jurisdiction is granted, the judgment of foreclosure and sale is vacated insofar as against...

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