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U.S. BANK N.A. v. HATTIM

11790N. 32573/16E.

185 A.D.3d 450 (2020)

124 N.Y.S.3d 798

2020 NY Slip Op 03856

U.S. Bank National Association, as Successor Trustee to Bank of America, N.A., Respondent, v. Shakira Hattim, Appellant, et al., Defendants.

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

Decided July 9, 2020.

The court providently exercised its discretion in denying defendant's motion to vacate her default (see Berardo v Guillet, 86 A.D.3d 459 [1st Dept 2011]). After failing to oppose plaintiff's motion for summary judgment on its mortgage foreclosure complaint and its subsequent motion for the entry of a judgment of foreclosure and sale, defendant moved to vacate the judgment and the underlying...

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