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

2015-12153. Index No. 13825/01.

153 A.D.3d 757 (2017)

60 N.Y.S.3d 320

2017 NY Slip Op 06214

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, with costs.

CPLR 5015 (a) authorizes a court to relieve a party from an order or judgment, on motion, based on the existence of specified grounds. These grounds include excusable default (see CPLR 5015 [a] [1]); newly discovered evidence (see CPLR 5015 [a] [2]); fraud, misrepresentation, or other misconduct of an adverse party (see CPLR 5015 [a] [3]); lack of jurisdiction...

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