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NEWREZ LLC v. MORTON

Index No. 850098/17. Appeal No. 17145. Case No. 2022-03499.

212 A.D.3d 528 (2023)

180 N.Y.S.3d 539

2023 NY Slip Op 00269

Newrez LLC, Doing Business as Shellpoint Mortgage Servicing, Respondent, v. Allen Morton et al., Appellants, et al., Defendants.

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

Decided January 24, 2023.

Attorney(s) appearing for the Case

Allen J. Morton, appellant pro se.

Patsy J. Morton, appellant pro se.

Friedman Vartolo LLP, New York ( Zachary Gold of counsel), for respondent.

Concur—Kern, J.P., Oing, Gesmer, Scarpulla, Rodriguez, JJ.

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered August 10, 2022, which denied defendant property owners' motion to vacate the amended judgment of foreclosure and sale, unanimously affirmed, without costs.

Supreme Court providently denied the motion to vacate. Defendants failed to demonstrate a lack of jurisdiction to issue the amended judgment (see CPLR 5015[a][4]).The record shows that the decision to vacate the original judgment...

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