Wells Fargo Bank, N.A. v. Leiba

Appellate Division of the Supreme Court of New York

Wells Fargo Bank, N.A. v. Leiba

66 A.D.3d 1008, 886 N.Y.S.2d 809

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 27, 2009

StatusPublished

This text of 66 A.D.3d 1008 (Wells Fargo Bank, N.A. v. Leiba) 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.

Bluebook

Wells Fargo Bank, N.A. v. Leiba, 66 A.D.3d 1008, 886 N.Y.S.2d 809 (N.Y. Ct. App. 2009).

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Opinion

? In an action to foreclose a mortgage, the defendant Lisa Morris appeals from an order of the Supreme Court, Westchester County (Liebowitz, J.), entered December 11, 2007, which denied her motion, inter alia, to vacate a judgment of foreclosure and sale dated October 27, 2005, entered upon the defendants’ default in answering the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the motion of the defendant Lisa Morris to vacate a judgment of foreclosure and sale dated October 27, 2005, as she failed to serve the order to show cause by which the motion was initiated in the manner specified, and within the time provided (see CPLR 2214 [d]; Alden Personnel, Inc. v David, 38 AD3d 697, 698 [2007]).

In view of our determination, we need not reach the parties’ remaining contentions. Dillon, J.E, Florio, Belen and Roman, JJ., concur.

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? In an action to foreclose a mortgage, the defendant Lisa Morris appeals from an order of the Supreme Court, Westchester County (Liebowitz, J.), entered December 11, 2007, which denied her motion, inter alia, to vacate a judgment of foreclosure and sale dated October 27, 2005, entered upon the defendants’ default in answering the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the motion of the defendant Lisa Morris to vacate a judgment of foreclosure and sale dated October 27, 2005, as she failed to serve the order to show cause by which the motion was initiated in the manner specified, and within the time provided (see CPLR 2214 [d]; Alden Personnel, Inc. v David, 38 AD3d 697, 698 [2007]).

In view of our determination, we need not reach the parties’ remaining contentions. Dillon, J.E, Florio, Belen and Roman, JJ., concur.

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Bluebook (online)

66 A.D.3d 1008, 886 N.Y.S.2d 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-fargo-bank-na-v-leiba-nyappdiv-2009.

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