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RESIDENTIAL MTGE. LOAN TRUST v. BATTLE

2019-04378. Index No. 347/12.

207 A.D.3d 764 (2022)

173 N.Y.S.3d 272

2022 NY Slip Op 04750

Residential Mortgage Loan Trust, Appellant, v. Ricardo Battle, Respondent.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY (Rajdai D. Dingh, of counsel), for appellant.

Queens Legal Services, Jamaica, NY (Amy Hammersmith, of counsel), for respondent.

Dillon, J.P., Duffy, Maltese and Genovesi, JJ., concur.

Ordered that the order dated January 23, 2019, is affirmed, with costs.

Following the commencement of this mortgage foreclosure action, the plaintiff obtained a judgment of foreclosure and sale, entered July 22, 2015, upon the defendant's default in appearing in the action. Thereafter, the defendant moved, pro se, in effect, to vacate the judgment of foreclosure and sale, contending that he was never served with the summons and complaint, thereby also effectively...

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