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HSBC MTGE. CORP. USA v. KHAIR

2018-04433. Index No. 19934/07.

186 A.D.3d 578 (2020)

126 N.Y.S.3d 681

2020 NY Slip Op 04465

HSBC Mortgage Corporation USA, Respondent, v. Mohammad Abul Khair, Defendant. Rohawnie Bipharam et al., Nonparty Appellants.

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

Decided August 12, 2020.

Ordered that the order entered June 26, 2017, is affirmed insofar as appealed from, with costs.

Pursuant to CPLR 5015(a)(1), a court may vacate an order upon the ground of excusable default (see Alderman v Alderman, 78 A.D.3d 621 [2010]). Here, contrary to the nonparty appellants' contention, they failed to establish a basis to vacate an order entered December 1, 2016, on that ground. To the extent the nonparty appellants...

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