HSBC BANK USA N.A. v. THOMAS

6738, 380999/07.

92 A.D.3d 531 (2012)

939 N.Y.S.2d 346

2012 NY Slip Op 1180

HSBC BANK USA N.A., Respondent, v. JANET THOMAS et al., Defendants, and MAURICE THOMAS et al., Appellants.

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

Decided February 16, 2012.


The defendants in this foreclosure action include the mortgagor, Janet Thomas, and the property's former owners and current occupants, Maurice Thomas and Sharon Thomas. This appeal concerns the motion by Maurice and Sharon Thomas to vacate the judgment of foreclosure entered against them following their default on plaintiff's summary judgment motion.

While Janet Thomas defaulted by failing to answer the complaint, an answer was served on behalf of Maurice and Sharon...

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