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BANK OF N.Y. MELLON v. RUCI

2017-02479. Index No. 130270/14.

168 A.D.3d 799 (2019)

89 N.Y.S.3d 914

2019 NY Slip Op 00252

Bank of New York Mellon, Formerly Known as The Bank of New York, as Trustee for the Certificateholders of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2004-20, Mortgage Pass-Through Certificates, Series 2004-20, Respondent, v. Sanije Ruci, Appellant, et al., Defendants.

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

Decided January 16, 2019.

Ordered that the order is affirmed, with costs.

In this action to foreclose a mortgage, the Supreme Court granted the plaintiff's unopposed motion, inter alia, for summary judgment on the complaint. The appellant moved, in effect, pursuant to CPLR 5015 (a) to vacate her default in opposing the motion. The Supreme Court denied the appellant's motion.

"In order to vacate a default in opposing a motion pursuant to CPLR 5015 (a) (1), the moving party is required...

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