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WASHINGTON MUT. BANK v. BALDERA

2020-03033. Index No. 5076/08.

208 A.D.3d 1278 (2022)

174 N.Y.S.3d 277

2022 NY Slip Op 05230

Washington Mutual Bank, Appellant, v. Jorge Baldera, Respondent, et al., Defendants.

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

Decided September 21, 2022.

Attorney(s) appearing for the Case

Polsinelli P.C., New York, NY (Robert H. King and Morgan C. Fiander of counsel), for appellant.

Brian McCaffrey Attorney at Law, P.C., Jamaica, NY, for respondent.

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

Ordered that the order entered January 14, 2020, is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to foreclose a mortgage in February 2008. The defendant Jorge Baldera (hereinafter the defendant) failed to appear or answer the complaint, and the Supreme Court issued an order and judgment of foreclosure dated October 23, 2008, upon the defendant's default. In January 2009, the defendant, acting pro se, moved to vacate the order...

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