U.S. BANK NATL. ASSN. v. LOSNER

2015-10999, Index No. 27645/07.

145 A.D.3d 935 (2016)

2016 NY Slip Op 08560

44 N.Y.S.3d 467

U.S. BANK NATIONAL ASSOCIATION, Respondent, v. RONALD B. LOSNER et al., Defendants, and SIXTA RODRIGUEZ, Appellant.

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

Decided December 21, 2016.


Ordered that the order entered August 10, 2015, is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the motion of the defendant Sixta Rodriguez which was pursuant to CPLR 5015 (a) to vacate the judgment of foreclosure and sale is granted.

The plaintiff commenced this action in 2007 to foreclose two mortgages on a residential property in Ozone Park. In 2006, a year before this action was commenced, the...

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