Nationstar Mortg., LLC v. Stutman
| Decision Date | 27 April 2022 |
| Docket Number | 2018–08925,Index No. 507842/13 |
| Citation | 204 A.D.3d 1022,165 N.Y.S.3d 353 (Mem) |
| Parties | NATIONSTAR MORTGAGE, LLC, respondent, v. Vernia Elizabeth STUTMAN, etc., appellant, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
204 A.D.3d 1022
165 N.Y.S.3d 353 (Mem)
NATIONSTAR MORTGAGE, LLC, respondent,
v.
Vernia Elizabeth STUTMAN, etc., appellant, et al., defendants.
2018–08925
Index No. 507842/13
Supreme Court, Appellate Division, Second Department, New York.
Argued—February 3, 2022
April 27, 2022
Solomon Rosengarten, Brooklyn, NY, for appellant.
McCalla Raymer Leibert Pierce, LLC, New York, NY (Richard P. Haber of counsel), for respondent.
ANGELA G. IANNACCI, J.P., REINALDO E. RIVERA, PAUL WOOTEN, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Vernia Elizabeth Stutman appeals from a judgment of foreclosure and sale of the Supreme Court, Kings County (Noach Dear, J.), dated May 3, 2018. The
judgment of foreclosure and sale, upon an order of the same court dated May 3, 2018, granting the plaintiff's motion to confirm a referee's report and for a judgment of foreclosure and sale, and denying that defendant's cross motion (1) pursuant to CPLR 5015(a)(3) to vacate an order of the same court (Bert A. Bunyan, J.) dated October 5, 2015, which granted the plaintiff's unopposed motion for summary judgment on the complaint insofar as asserted against her and for an order of reference, and (2) to dismiss the complaint insofar as against her, inter alia, directed the sale of the subject property.
ORDERED that the judgment of foreclosure and sale is affirmed, with costs.
In December 2013, the plaintiff commenced this action against the defendant Vernia Elizabeth Stutman (hereinafter the defendant), among others, to foreclose a mortgage encumbering certain real properly located in Brooklyn. The defendant failed to appear or answer the complaint. By order dated October 5, 2015, the Supreme Court, inter alia, granted the plaintiff's unopposed motion for summary judgment on the complaint insofar as asserted against the defendant and for an order of reference. The plaintiff thereafter moved to confirm the referee's report and for a...
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