Appellate Division of the Supreme Court of New York, 2003

Waldon v. Plotkin

Appellate Division of the Supreme Court of New York · Decided March 17, 2003

303 A.D.2d 581; 756 N.Y.S.2d 765

Cases that cite this one

6 later published cases cite this decision.

Irwin Mortgage Corp. v. Devis (Appellate Division of the Supreme Court of New York 2010)
Levine v. Forgotson's Central Auto & Electric, Inc. (Appellate Division of the Supreme Court of New York 2007)
Yellow Book of New York, Inc. v. Weiss (Appellate Division of the Supreme Court of New York 2007)
Commissioners of State Insurance Fund v. Nobre, Inc. (Appellate Division of the Supreme Court of New York 2006)
General Motors Acceptance Corp. v. Grade A Auto Body, Inc. (Appellate Division of the Supreme Court of New York 2005)
Carrenard v. Mass (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to foreclose a mortgage, the defendants Joel Plotkin and Eileen Plotkin appeal from (1) so much of an order of the Supreme Court, Nassau County (McCarty, J.), entered February 13, 2002, as denied that branch of their motion which was to vacate the judgment of foreclosure on the grounds, inter alia, that the agreement which modified the original mortgage instrument was usurious and void for lack of consideration, and (2) an order of the same court, entered July 2, 2002, which denied that branch of their motion which was to vacate the judgment of foreclosure on the ground of improper service.

Ordered that the order entered February 13, 2002, is affirmed insofar as appealed from; and it is further,

Ordered that the order entered July 2, 2002, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The appellants failed to demonstrate a reasonable excuse for their default or lack of receipt of notice in time to defend (see CPLR 5015 [a] [1], [4]; 317). Altman, J.P., S. Miller, Goldstein and Rivera, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.