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PHH MTGE. CORP. v. JOHNSON

2018-03414. Index No. 505826/15.

190 A.D.3d 990 (2021)

136 N.Y.S.3d 899

2021 NY Slip Op 00440

PHH Mortgage Corporation, Respondent, v. Tyrelle Johnson, Appellant, et al., Defendants.

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

Decided January 27, 2021.

Attorney(s) appearing for the Case

The Rosenfeld Law Office, Lawrence, NY ( Avinoam Rosenfeld of counsel), for appellant.

McElroy, Deutsch, Mulvaney & Carpenter, LLP, New York, NY ( William N. Aumenta of counsel), for respondent.

Austin, J.P., Miller, Barros and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this mortgage foreclosure action against, among others, Tyrelle Johnson (hereinafter the defendant). The defendant failed to appear or answer the complaint. The plaintiff subsequently moved for a judgment of foreclosure and sale, which was granted without opposition. The judgment of foreclosure and sale was entered, and a foreclosure sale was scheduled. On the day prior to the scheduled sale,...

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