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CITIBANK, N.A. v. SWIATKOWSKI

2011-02669.

98 A.D.3d 555 (2012)

949 N.Y.S.2d 635

2012 NY Slip Op 5905

CITIBANK, N.A., Respondent, v. MICHAEL SWIATKOWSKI, Defendant, and LIDIA SWIATKOWSKI, Appellant.

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

Decided August 8, 2012.

Ordered that the order is affirmed, with costs.

In this mortgage foreclosure action, a judgment of foreclosure and sale was entered against the defendants on October 13, 2005. The defendants then filed numerous successive bankruptcy petitions, staying the proceedings. After the United States Bankruptcy Court for the Eastern District of New York vacated the automatic stay with respect to the premises that are the subject of this action, the defendants moved to vacate...

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