WELLS FARGO BANK, N.A. v. HEAVEN

2017-10187, Index No. 18968/10.

176 A.D.3d 761 (2019)

109 N.Y.S.3d 162

2019 NY Slip Op 07109

Wells Fargo Bank, N.A., Respondent, v. Julian Heaven, Appellant, et al., Defendants.

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

Decided October 2, 2019.


Attorney(s) appearing for the Case

Altman Schochet LLP, New York, NY ( Irena Shternfeld of counsel), for appellant.

Bradshaw Law Group, P.C., New York, NY ( Diane Bradshaw of counsel), for respondent.

Balkin, J.P., Hinds-Radix, Maltese and Brathwaite Nelson, JJ., concur.


Ordered that the order dated August 30, 2017, is reversed, on the law, with costs, and the motion of the defendant Julian Heaven pursuant to CPLR 5015(a)(4) to vacate (1) so much of the order dated December 2, 2013, as granted those branches of the plaintiff's motion which were for leave to enter a default judgment and an order of reference, entered upon his failure to appear or answer the complaint, and (2) an order and judgment of foreclosure and sale dated October 11,...

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