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INTERVEST NATL. BANK v. ASHBURTON 70, LLC

2010-00451.

87 A.D.3d 617 (2011)

928 N.Y.S.2d 475

2011 NY Slip Op 6250

INTERVEST NATIONAL BANK, Respondent, v. ASHBURTON 70, LLC, et al., Appellants, et al., Defendant.

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

Decided August 16, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants failed to demonstrate the existence of a potentially meritorious defense to this action. Accordingly, the Supreme Court properly denied that branch of the defendants' motion which was pursuant to CPLR 317 to vacate so much of the judgment of foreclosure and sale as was in favor of the plaintiff and against the appellants (see 393 Lefferts...

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