J.P. MORGAN MTGE. ACQUISITION CORP. v. DANIEL

2017-13050. Index No. 12930/09.

190 A.D.3d 707 (2021)

135 N.Y.S.3d 909

2021 NY Slip Op 00158

J.P. Morgan Mortgage Acquisition Corp., Respondent, v. Brenth Daniel, Appellant, et al., Defendants.

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

Decided January 13, 2021.


Attorney(s) appearing for the Case

R. David Marquez, P.C., Mineola, NY, for appellant.

Friedman Vartolo LLP, New York, NY ( Oran Schwager of counsel), for respondent.

Mastro, A.P.J., Austin, Hinds-Radix and Wooten, JJ., concur.


Ordered that the order dated September 27, 2017, is affirmed, with costs.

In May 2009, the plaintiff commenced this foreclosure action against the defendant Brenth Daniel (hereinafter the defendant), among others, to foreclose a mortgage encumbering property located in Brooklyn. The defendant was served with the summons and complaint but failed to interpose an answer.

During the course of litigation over whether a default judgment should be entered against...

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