Roslyn Savings Bank v. Kline
Cases that cite this one
3 later published cases cite this decision.
- Ricardo H. v. Chante S. (Appellate Division of the Supreme Court of New York 2013)
- Ricardo H. v. Chante S. (Appellate Division of the Supreme Court of New York 2013)
- State Farm Insurance v. Colangelo (Appellate Division of the Supreme Court of New York 2007)
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 defendant appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated December 23, 2003, which denied her motion, inter alia, pursuant to CPLR 5015 (a) (2) to vacate an amended judgment of foreclosure and sale of the same court entered September 3, 2003.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied that branch of the defendant’s motion which was pursuant to CFLR 5015 (a) (2) to vacate the amended judgment of foreclosure and sale, as the defendant failed to show that the alleged newly-discovered evidence could not have been discovered with due diligence before entry of the judgment (see Orix Credit Alliance v Grace Indus., 274 AD2d 424 [2000]; Dan’s Supreme Supermarkets v Redmont Realty Co., 261 AD2d 353 [1999]).
The defendant’s remaining contentions are without merit. Cozier, J.P., S. Miller, Mastro and Skelos, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.