L.A. WENGER CONTR. CO., INC. v. WENGER

2017-06222. Index No. 29404/09.

186 A.D.3d 822 (2020)

127 N.Y.S.3d 798

2020 NY Slip Op 04736

L.A. Wenger Contracting Co., Inc., Appellant, v. Wendy Wenger, Respondent.

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

Decided August 26, 2020.


Ordered that the order is affirmed, with costs.

In this mortgage foreclosure action, a nonjury trial resulted in a judgment in favor of the plaintiff and against the defendant. The defendant moved pursuant to CPLR 4404(b) to set aside the judgment before the judge who presided at the trial. The judge who presided at the trial retired and the motion pursuant to CPLR 4404(b) was assigned to a successor judge. In an order dated April 14, 2017, the successor judge granted...

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