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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. DORT-RELUS

2016-10776. Index No. 1384/06.

166 A.D.3d 961 (2018)

90 N.Y.S.3d 43

2018 NY Slip Op 08122

Mortgage Electronic Registration Systems, Inc., Respondent, v. Emile Dort-Relus, as Executor of the Estate of Innocent Lively, Deceased, et al., Defendants, and Pierre Lively, Appellant.

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

Decided November 28, 2018.

Ordered that the order dated July 28, 2016, is affirmed, with costs.

In this action to foreclose a mortgage, the defendant Pierre Lively (hereinafter the defendant) moved in July 2015, inter alia, pursuant to CPLR 5015 (a) (4) to vacate a judgment of foreclosure and sale dated November 15, 2006. By order dated December 3, 2015, the Supreme Court granted the motion, upon the plaintiff's failure to appear at oral argument on the motion. Thereafter, the plaintiff moved...

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