P.B. #7, LLC v. 231 FOURTH AVE. LYCEUM, LLC

2015-06192. Index No. 10035/08.

167 A.D.3d 1031 (2018)

88 N.Y.S.3d 892

2018 NY Slip Op 08946

P.B. #7, LLC, Respondent, v. 231 Fourth Avenue Lyceum, LLC, et al., Defendants, and Eric Richmond, Appellant.

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

Decided December 26, 2018.


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

In this mortgage foreclosure action, Eric Richmond (hereinafter the defendant) moved, inter alia, pursuant to CPLR 5015 (a) (3), in effect, to vacate a judgment of foreclosure and sale dated September 28, 2012, entered upon his default, and to set aside the foreclosure sale of the subject property. The Supreme Court denied the motion, and the defendant appeals.

The defendant failed to...

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