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ONEWEST BANK, FSB v. MARTINEZ

Motion No: 570791/12.

101 A.D.3d 969 (2012)

955 N.Y.S.2d 532

2012 NY Slip Op 8705

ONEWEST BANK, FSB, Respondent, v. DINA MARTINEZ et al., Appellants, et al., Defendants.

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

December 19, 2012.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellants' motion pursuant to CPLR 5015, in effect, inter alia, to vacate a judgment of foreclosure and sale of the same court entered August 16, 2010, upon their default in appearing or answering the complaint, to set aside the foreclosure sale held pursuant thereto, and to vacate the referee's deed in foreclosure. As to those branches...

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