BANK OF N.Y. v. KRAUSZ

2015-01081, Index No. 13091/08.

144 A.D.3d 718 (2016)

2016 NY Slip Op 07283

41 N.Y.S.3d 84

BANK OF NEW YORK, as Trustee for the Certificate Holders CSWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-7, 400 Countrywide Way, Simi Valley, CA 93065, Respondent, v. LEAH KRAUSZ, Appellant, et al., Defendants.

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

Decided November 9, 2016.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage on certain residential property. The appellant allegedly was personally served with process in May 2008, pursuant to CPLR 308 (1), and failed to appear or answer the complaint. In December 2013, the appellant moved, in effect, to vacate her default in appearing or answering the complaint.

The Supreme Court properly denied the appellant's motion, in effect...

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