WM SPECIALTY MORTGAGE LLC v. AZAD

2144, 381160/07.

144 A.D.3d 452 (2016)

2016 NY Slip Op 07277

39 N.Y.S.3d 794

WM SPECIALTY MORTGAGE LLC, Respondent, v. ABUL K. AZAD, Appellant, et al., Defendants.

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

Decided November 3, 2016.


The 2010 and 2011 administrative orders on which defendant relies pertain only to foreclosure proceedings that were pending at the time of issuance and are therefore inapplicable to the subject judgment of foreclosure and sale, which was entered on or about January 13, 2009.

Defendant failed to set forth particular facts establishing the "fraud, collusion, mistake or accident" on which he bases his motion to vacate the judgment (see Matter of Callwood v Cabrera...

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