U.S. BANK v. MERZIUS

2018-00771. Index No. 22267/07.

200 A.D.3d 941 (2021)

155 N.Y.S.3d 790

2021 NY Slip Op 07265

U.S. Bank National Association, Respondent, v. Jairzinho Merzius, Appellant, et al., Defendants.

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

Decided December 22, 2021.


Attorney(s) appearing for the Case

Jairzinho Merzius, Brooklyn, NY, appellant pro se.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Joseph F. Battista and Leah Lenz of counsel), for respondent.

Rivera, J.P., Miller, Genovesi and Ford, JJ., concur.


Ordered that the order is affirmed, with costs.

A judgment of foreclosure and sale was entered in this action on March 3, 2016, upon the default of the mortgagor, the defendant Jairzinho Merzius. Thereafter Merzius moved to vacate the judgment of foreclosure and sale, arguing that the plaintiff lacked standing, and that the judgment was procured by fraud. The Supreme Court denied the motion, and Merzius appeals.

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