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HSBC BANK USA, N.A. v. WHITELOCK

2019-10959 Index No. 16517/07.

214 A.D.3d 855 (2023)

187 N.Y.S.3d 48

2023 NY Slip Op 01500

HSBC Bank USA, National Association, Respondent, v. Roy S. Whitelock, Appellant, et al., Defendants.

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

Decided March 22, 2023.

Attorney(s) appearing for the Case

H. Fitzmore Harris, P.C., Bronx, NY, for appellant.

Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, NY ( Keith L. Abramson and Ruth O'Connor of counsel), for respondent.

Dillon, J.P., Zayas, Dowling and Wan, JJ., concur.

In an action to foreclose a mortgage, the defendant Roy S. Whitelock appeals from an order of the Supreme Court, Kings County (Debra Silber, J.), dated April 11, 2019. The order denied that defendant's motion, inter alia, pursuant to CPLR 5015(a)(3) and (4) to vacate a judgment of foreclosure and sale of the same court (Gerard H. Rosenberg, J.) dated September 10, 2009, entered upon that defendant's failure to appear or answer the complaint.

Ordered that the order...

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