WILMINGTON SAV. FUND SOCY., FSB v. HAKAM

2017-05595, Index No. 35773/12.

170 A.D.3d 924 (2019)

93 N.Y.S.3d 878

2019 NY Slip Op 01818

Wilmington Savings Fund Society, FSB, Respondent, v. Eric Hakam, Appellant, et al., Defendants.

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

Decided March 13, 2019.


Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendant Eric Hakam which was pursuant to CPLR 5015 (a) (4) to vacate the judgment of foreclosure and sale is granted.

In 2012, the plaintiff's assignor, JPMorgan Chase Bank, National Association (hereinafter JPMorgan), commenced this action to foreclose a mortgage secured by real property in Shirley, against, among others, Eric Hakam (hereinafter the defendant). On September...

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