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LASALLE BANK NATIONAL ASSOCIATION v. OBERSTEIN

2014-02915, Index No. 11777/08.

146 A.D.3d 945 (2017)

2017 NY Slip Op 00462

45 N.Y.S.3d 538

LASALLE BANK NATIONAL ASSOCIATION, as Trustee for CERTIFICATE HOLDERS OF EMC MORTGAGE LOAN TRUST 2005-A, MORTGAGE LOAN PASS-THROUGH CERTIFICATES, SERIES 2005-A, Respondent, v. MICHAEL R. OBERSTEIN et al., Defendants, and SPERRY ASSOCIATES FEDERAL CREDIT UNION, Appellant.

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

Decided January 25, 2017.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion pursuant to CPLR 5015 (a) (3) to vacate a judgment of foreclosure and sale entered upon its default in answering. Under the circumstances of this case, the appellant failed to move for relief pursuant to CPLR 5015 (a) (3) within a reasonable time after entry of the judgment (see Fishkin, Pugach & Finkelstein, P.C. v Biggio, 128 A.D.3d...

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