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U.S. BANK NATIONAL ASSOCIATION v. SMITH

2019-12144. Index No. 1434/14.

210 A.D.3d 725 (2022)

177 N.Y.S.3d 659

2022 NY Slip Op 06156

U.S. Bank National Association, Respondent, v. Dwyne Smith et al., Appellants, et al., Defendants.

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

Decided November 2, 2022.

Attorney(s) appearing for the Case

Charles Zolot , Jackson Heights, NY, for appellants.

Shapiro, DiCaro & Barak, LLC (Reed Smith, LLP, New York, NY [ Natsayi Mawere , Andrew B. Messite , and James Faller ], of counsel), for respondent.

Brathwaite Nelson, J.P., Miller, Genovesi and Warhit, JJ., concur.

In an action to foreclose a mortgage, the defendants Dwyne Smith and Michelle Smith appeal from an order of the Supreme Court, Nassau County (Anna R. Anzalone, J.), dated June 17, 2019. The order denied those defendants' motion pursuant to CPLR 5015(a)(1) and (4) to vacate a judgment of foreclosure and sale of the same court (Thomas A. Adams, J.) dated November 29, 2016, entered upon their failure to appear or answer the complaint.

Ordered that the order is affirmed...

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