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HSBC BANK USA, N.A. v. MILLER

2013-01449, Index No. 286/08.

121 A.D.3d 1044 (2014)

995 N.Y.S.2d 198

2014 NY Slip Op 07329

HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee under Pooling and Servicing Agreement Dated as of April 1, 2007, SG MORTGAGE SECURITIES TRUST 2007-NC1 ASSET-BACKED CERTIFICATES, SERIES 2007-NC1, Appellant, v. KURTIS MILLER et al., Defendants, and ANTONIA DAWSON et al., Respondents.

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

Decided October 29, 2014.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated November 2, 2012, which granted those branches of the motion of the defendant Sewajo Dawson which were, in effect, pursuant to CPLR 5015 (a) (1) and (4) to vacate so much of a judgment of foreclosure and sale as was entered against him upon his failure to appear or answer the complaint and those branches of the separate motion of the defendant...

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