BANK OF NEW YORK v. STRADFORD


55 A.D.3d 765 (2008)

BANK OF NEW YORK, Respondent, v. RUDOLPH STRADFORD et al., Defendants. SOUTHWEST CAPITAL INVESTMENTS et al., Nonparty Appellants.

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

October 21, 2008.


Ordered that the order is affirmed, with costs to the plaintiff.

The Supreme Court properly denied the nonparty appellants' motion to vacate the judgment of foreclosure and sale pursuant to CPLR 5015 (a) (3), which provides that "[t]he court which rendered a judgment or order may relieve a party from it upon such terms as may be just . . . upon the ground of . . . fraud, misrepresentation, or other misconduct of an adverse party." Although there is no express time...

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