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M&T BANK v. MBAH

2018-11905. Index No. 4578/08.

200 A.D.3d 767 (2021)

155 N.Y.S.3d 94

2021 NY Slip Op 06840

M&T Bank, Respondent, v. Clement Mbah et al., Defendants, and Uchenna Onuaguluchi, Appellant.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Uchenna Onuaguluchi, Rosedale, NY, appellant pro se.

Schiller, Knapp, Lefkowitz & Hertzel, LLP, Latham, NY ( Richard A. Gerbino of counsel), for respondent.

Rivera, J.P., Brathwaite Nelson, Iannacci and Ford, JJ., concur.

Ordered that the order dated June 27, 2018, is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a hearing to determine the validity of service of process upon the defendant Uchenna Onuaguluchi and for a new determination thereafter of those branches of that defendant's cross motion which were pursuant to CPLR 5015(a) to vacate the order dated March 25, 2009, and the order and judgment of foreclosure...

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