BANK OF N.Y. MELLON v. VADEN

2017-12343. Index No. 15754/11.

217 A.D.3d 646 (2023)

188 N.Y.S.3d 720

2023 NY Slip Op 02995

Bank of New York Mellon, Respondent, v. Kevin Vaden, Appellant, et al., Defendants.

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

Decided June 7, 2023.


Attorney(s) appearing for the Case

Kevin W. Vaden, sued herein as Kevin Vaden, Amityville, NY, appellant pro se.

Eckert Seamans Cherin & Mellott, LLC, White Plains, NY ( Kenneth J. Flickinger of counsel), for respondent.

Dillon, J.P., Christopher, Genovesi and Voutsinas, JJ. concur.


In an action to foreclose a mortgage, the defendant Kevin Vaden appeals from an order of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated October 5, 2017. The order, insofar as appealed from, denied that defendant's motion pursuant to CPLR 5015(a)(3) to vacate a judgment of foreclosure and sale of the same court entered June 24, 2015, upon his failure to appear or answer the complaint, and to set aside the foreclosure sale of the subject property.

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