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WILMINGTON SAV. FUND SOCY. v. BROTHERSON

2022-00909. Index No. 71662/20.

221 A.D.3d 1053 (2023)

202 N.Y.S.3d 157

2023 NY Slip Op 06164

Wilmington Savings Fund Society, Respondent, v. Keith Brotherson et al., Appellants, et al., Defendants. 1520 Inwood Avenue, LLC, Nonparty Respondent.

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

Decided November 29, 2023.

Attorney(s) appearing for the Case

Julian L. Alfonso , Jamaica, NY ( Andrew Francis and Harold J. Pokel of counsel), for appellants.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Louis A. Levithan of counsel), for plaintiff-respondent.

Dillon, J.P., Barros, Wooten and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendants Keith Brotherson and Jacqueline Brotherson appeal from an order of the Supreme Court, Queens County (Tracy Catapano-Fox, J.), dated December 23, 2021. The order, insofar as appealed from, denied those branches of those defendants' motion which were pursuant to CPLR 5015(a)(4) to vacate a judgment of foreclosure and sale of the same court (Ernest Hart, J.) entered March 7, 2018, upon their failure to appear or answer the...

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