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EMC MORTGAGE CORP. v. ASTURIZAGA

2014-09887. Index No. 06115/07.

150 A.D.3d 824 (2017)

55 N.Y.S.3d 66

2017 NY Slip Op 03732

EMC MORTGAGE CORPORATION, Respondent, v. DIANE DIMITRY ASTURIZAGA, Appellant, et al., Defendants.

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

Decided May 10, 2017.

Ordered that the order is affirmed, with costs.

The plaintiff obtained a judgment of foreclosure and sale on August 4, 2008, entered upon the default of the defendant mortgagor Diane Dimitry Asturizaga (hereinafter the defendant) in answering the complaint. The defendant moved pursuant to CPLR 5015 (a) (3) and (4) to stay the sale of the subject property, vacate the judgment of foreclosure and sale, and dismiss the complaint on the grounds of alleged misrepresentation...

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