Wilmington Sav. Fund Soc'y, FSB v. Zimmerman
| Decision Date | 17 January 2018 |
| Docket Number | Index No. 16040/08,2015–11410,2015–11407 |
| Citation | 157 A.D.3d 846,69 N.Y.S.3d 654 |
| Parties | WILMINGTON SAVINGS FUND SOCIETY, FSB, etc., Respondent, v. Michael ZIMMERMAN, Appellant, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
157 A.D.3d 846
69 N.Y.S.3d 654
WILMINGTON SAVINGS FUND SOCIETY, FSB, etc., Respondent,
v.
Michael ZIMMERMAN, Appellant, et al., Defendants.
2015–11407
2015–11410
Index No. 16040/08
Supreme Court, Appellate Division, Second Department, New York.
Submitted—December 19, 2017
January 17, 2018
Lester & Associates, P.C., Garden City, N.Y. (Gabriel R. Korinman and Naomi Trainer of counsel), for appellant.
Davidson Fink, Rochester, N.Y. (Larry T. Powell of counsel), for respondent.
L. PRISCILLA HALL, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeals from (1) a judgment of foreclosure and sale of the Supreme Court, Suffolk County (Hector D. LaSalle, J.), entered August 5, 2013, and (2) an order of that court (Andrew G. Tarantino, Jr., J.), dated February 23, 2015. The order, insofar as appealed from, denied those branches of the motion of the defendant Michael Zimmerman which were pursuant to CPLR 5015(a)(3) and (4) to vacate the judgment of foreclosure and sale entered upon his failure to answer the complaint, and pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction.
ORDERED that the appeal from the judgment of foreclosure and sale is dismissed, as no appeal lies from a judgment entered upon the default of the appealing party (see CPLR 5511 ; Deutsche Bank Natl. Trust Co. v Jagroop, 104 A.D.3d 723, 960 N.Y.S.2d 488 ); and it is further,
ORDERED that the order is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
In April 2008, Homesales, Inc. (hereinafter Homesales), commenced this action to foreclose a mortgage against Michael Zimmerman (hereinafter the defendant), among others. After the defendant failed to appear or answer the complaint, in an order dated May 4, 2009, the Supreme Court granted Homesales's motion for an order of reference. The defendant served an answer dated February 13, 2012, but the answer was rejected as...
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