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WELLS FARGO BANK MINNESOTA, N.A. v. COLETTA

2015-07622. Index No. 13825/01.

153 A.D.3d 756 (2017)

59 N.Y.S.3d 788

2017 NY Slip Op 06213

WELLS FARGO BANK MINNESOTA, N.A., as Trustee for Certificate Holder of KIDDER PEABODY SERIES 1993-MM5, Plaintiff, v. MICHAEL COLETTA et al., Appellants, et al., Defendants. PE-NC, LLC, Nonparty Respondent.

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

Decided August 16, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the appellants' cross motion which was pursuant to CPLR 5015 (a) (3) to vacate the judgment of foreclosure and sale entered upon their failure to appear or answer the complaint. The appellants failed to move for relief pursuant to CPLR 5015 (a) (3) within a reasonable time after entry of the judgment of foreclosure and sale (see New Century...

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