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HSBC BANK USA, N.A. v. SOMALINGAM

2019-00973. Index No. 14243/09.

203 A.D.3d 897 (2022)

161 N.Y.S.3d 792

2022 NY Slip Op 01773

HSBC BANK USA, National Association, Respondent, v. Manamadur Somalingam, Appellant, et al., Defendants.

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

Peter A. Joseph, New York, NY, for appellant.

Duane Morris LLP, New York, NY (Brett L. Messinger of counsel), for respondent.

Duffy, J.P., Chambers, Christopher and Zayas, JJ., concur.

Ordered that the order is affirmed, with costs.

In 2009, the plaintiff commenced this action against the defendant Manamadur Somalingam (hereinafter the defendant), among others, to foreclose a mortgage on real property in Pelham. The defendant failed answer the complaint, and on April 13, 2017, the Supreme Court issued an order and judgment of foreclosure and sale. Thereafter, the defendant moved pursuant to CPLR 5015(a)(3) to vacate the order and judgment of foreclosure...

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