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GLOBE TRADE CAPITAL, LLC v. HOEY

2020-02546. Index No. 8495/14.

199 A.D.3d 775 (2021)

154 N.Y.S.3d 258

2021 NY Slip Op 06157

Globe Trade Capital, LLC, Respondent, v. Thomas J. Hoey, Jr., et al., Appellants, et al., Defendants.

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

Decided November 10, 2021.

Attorney(s) appearing for the Case

Joseph T. Adragna , Huntington, NY, for appellants.

Meyer, Suozzi, English & Klein, P.C., Garden City, NY ( Howard B. Kleinberg of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Miller and Wooten, JJ., concur.

Ordered that the order is affirmed, with costs.

In this mortgage foreclosure action, the Supreme Court entered a judgment of foreclosure and sale on September 5, 2017. The defendants Thomas J. Hoey, Jr., and Wendy Hoey (hereinafter together the defendants), who were sued individually and in their capacities as trustees of the Thomas J. Hoey Jr. and Wendy Hoey Living Trust, moved, inter alia, pursuant to CPLR 5015(a)(2) and (3) to vacate the judgment of foreclosure...

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