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EMC MTGE. CORP. v. LAMB

2019-00776. Index No. 22836/06.

195 A.D.3d 597 (2021)

144 N.Y.S.3d 636

2021 NY Slip Op 03442

EMC Mortgage Corporation, Respondent, v. Deangela Lamb et al., Defendants, and Marily Durham, Appellant.

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

Decided June 2, 2021.

Attorney(s) appearing for the Case

Rubin & Licatesi, P.C., Garden City, NY ( Amy J. Zamir and Jeanine A. Oberster of counsel), for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Louis A. Levithan of counsel), for respondent.

Chambers, J.P., Duffy, Iannacci and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this mortgage foreclosure action in August 2006 against the defendant Marily Durham (hereinafter the defendant) and others. The Supreme Court entered a judgment of foreclosure and sale in December 2008, upon the defendant's default in answering or appearing. A foreclosure sale was subsequently held, and the plaintiff was the highest bidder. However, prior to the closing, the defendant moved to...

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