BANK OF NEW YORK v. LAKS

No. A-4221-09T3

27 A.3d 1222 (2011)

422 N.J. Super. 201

BANK OF NEW YORK as trustee for the Certificate Holders CWALT 2004 26T1, Plaintiff-Respondent, v. Sarah G. LAKS and Edward Einhorn, her husband, Defendants-Appellants, and PNC BANK, National Association, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided August 8, 2011.


Attorney(s) appearing for the Case

Sarah G. Laks and Edward Einhorn , appellants pro se.

Stern, Lavinthal, Frankenberg & Norgaard, L.L.C., attorneys for respondent ( Mark S. Winter , Roseland, on the brief).

Before Judges A.A. RODRÍGUEZ, GRALL and LeWINN.


The opinion of the court was delivered by GRALL, J.A.D.

The defendants in an action to foreclose a residential mortgage appeal from the denial of their motion to vacate the judgment of foreclosure and dismiss the complaint without prejudice. We reverse and remand for entry of an order granting that relief.

The central question on this appeal is whether defendants are entitled to relief because plaintiff served a pre-complaint written notice of intention to...

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