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WELLS FARGO BANK, N.A. v. LEIBA

2008-00308.

66 A.D.3d 1008 (2009)

886 N.Y.S.2d 809

2009 NY Slip Op 7833

WELLS FARGO BANK, N.A., Respondent, v. LEO LEIBA et al., Defendants, and LISA MORRIS, Appellant.

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

Decided October 27, 2009.

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 A.D.3d 697, 698 [2007]).

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