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FEDERAL NATIONAL MORTGAGE ASSOCIATION v. LAKAS

2017-09813, Index No. 16197/10.

175 A.D.3d 1252 (2019)

105 N.Y.S.3d 903

2019 NY Slip Op 06476

Federal National Mortgage Association, Respondent, v. Alfred Lakas et al., Defendants, and Maria Lakas, Appellant.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Anthony C. Giordano, Garden City, NY, for appellant.

Gross Polowy, LLC, Westbury, NY (Stephen J. Vargas, Alexandra R. Heaney, and Ross M. Eisenberg of counsel), for respondent.

Dillon, J.P., Chambers, Hinds-Radix and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's predecessor in interest commenced this mortgage foreclosure action in June 2010, and the defendant Maria Lakas (hereinafter the appellant) failed to appear or answer the complaint. A judgment of foreclosure and sale was subsequently entered on December 12, 2016. In March 2017, the appellant moved, inter alia, pursuant to CPLR 5015(a)(4) to vacate the judgment of foreclosure and...

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