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CITIMORTGAGE, INC. v. DULGEROFF

717, 382451/09.

138 A.D.3d 419 (2016)

29 N.Y.S.3d 291

2016 NY Slip Op 02573

CITIMORTGAGE, INC., Respondent, v. GEORGE DULGEROFF et al., Defendants, and BOARD OF MANAGERS OF THE PARKCHESTER SOUTH CONDOMINIUM, Respondent, et al., Defendants. WEST FORK CAPITAL EQUITIES, LLC, Nonparty Appellant.

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

Decided April 5, 2016.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered August 13, 2014, which denied nonparty West Fork Capital Equities, LLC's motion to intervene and to vacate the default judgment of foreclosure, unanimously affirmed, without costs.

Contrary to the motion court's ruling, West Fork's failure to attach the judgment of foreclosure to its motion to intervene and to vacate the judgment is not a fatal defect. At most, the court should have directed...

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