Vamattam v. Yohannan

204 A.D.2d 435, 614 N.Y.S.2d 180, 1994 N.Y. App. Div. LEXIS 4854

This text of 204 A.D.2d 435 (Vamattam v. Yohannan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Vamattam v. Yohannan, 204 A.D.2d 435, 614 N.Y.S.2d 180, 1994 N.Y. App. Div. LEXIS 4854 (N.Y. Ct. App. 1994).

Opinion

In an action to foreclose a mortgage the defendants Mathai K. Yohannan and Elcy Yohannan appeal from an order of the [436]*436Supreme Court, Suffolk County (Floyd, J.), dated July 27, 1992, which, inter alia, denied their motion to vacate a prior order of the same court dated November 2, 1991, which granted the plaintiff’s motion for summary judgment and struck the answer of the defendants Yohannan.

Ordered that the order is affirmed, with costs.

Due to the failure of the defendants Yohannan to offer any reasonable excuse for having failed to oppose the plaintiff’s motion for summary judgment, the Supreme Court properly denied their motion to vacate its prior order granting summary judgment to the plaintiff (see, CPLR 5015 [a] [1]; Gannon v Johnson Scale Co., 189 AD2d 1052). Bracken, J. P., Miller, Santucci and Altman, JJ., concur.

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Related

Gannon v. Johnson Scale Co.
189 A.D.2d 1052 (Appellate Division of the Supreme Court of New York, 1993)

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Bluebook (online)
204 A.D.2d 435, 614 N.Y.S.2d 180, 1994 N.Y. App. Div. LEXIS 4854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vamattam-v-yohannan-nyappdiv-1994.