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INDYMAC BANK, F.S.B. v. YANO-HOROSKI

2012-02241.

107 A.D.3d 672 (2013)

965 N.Y.S.2d 888

2013 NY Slip Op 3971

INDYMAC BANK, F.S.B., Respondent, v. DIANA J. YANO-HOROSKI, Appellant, et al., Defendants.

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

Decided June 5, 2013.

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

The defendant was not entitled to vacatur of the judgment of foreclosure and sale pursuant to CPLR 317, since she failed to demonstrate that she did not receive notice of this action in time to defend it (see Bank of N.Y. v Espejo, 92 A.D.3d 707, 709 [2012]; Deutsche Bank Natl. Trust Co. v Matos, 77 A.D.3d 606

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