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HSBC BANK USA, N.A. v. JOSEPH

2020-09745. Index No. 9009/10.

209 A.D.3d 633 (2022)

176 N.Y.S.3d 268

2022 NY Slip Op 05521

HSBC Bank USA, National Association, Respondent, v. Innocent Joseph, Appellant, et al., Defendants.

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

Decided October 5, 2022.

Attorney(s) appearing for the Case

Petroff Amshen, LLP, Brooklyn, NY (Serge F. Petroff, James Tierney, and Steven Amshen of counsel), for appellant.

Gross Polowy, LLC (Reed Smith, LLP, New York, NY [Kerren B. Zinner and Andrew B. Messite], of counsel), for respondent.

Duffy, J.P., Barros, Miller and Christopher, JJ., concur.

In an action to foreclose a mortgage, the defendant Innocent Joseph appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated March 2, 2020. The order, insofar as appealed from, denied that branch of that defendant's motion which was pursuant to CPLR 5015(a)(1) to vacate a prior order of the same court dated March 21, 2017, granting the plaintiff's unopposed motion, inter alia, for summary judgment on the complaint insofar as asserted against that...

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