Nash v. Duroseau
Opinion of the Court
In a mortgage foreclosure action, the defendants Herold Duroseau, Green Point Mortgage Funding, Inc., and Mortgage Electronic Registration Systems, Inc., appeal from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated January 25, 2006, which denied their motion to vacate an order of the same court, dated July 22, 2005, granting the plaintiffs motion for leave to enter a default judgment against them upon their failure to answer and directing an inquest on the issue of damages.
Ordered that the order dated January 25, 2006 is modified, on the law, by deleting the provision thereof denying that branch of the appellants’ motion which was to vacate so much of the order dated July 22, 2005, as granted that branch of the plaintiffs motion which was for leave to enter a default judgment against Green Point Mortgage Funding, Inc., and substituting therefor provisions granting that branch of the appellants’ motion which was to vacate so much of the order dated July 22, 2005, as granted that branch of the plaintiffs motion which was for leave to enter a default judgment against Green Point Mortgage Funding, Inc. and thereupon denying that branch of the plaintiffs motion; as so modified, the order dated January 25, 2006 is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff concedes on appeal that Green Point Mortgage Funding, Inc., was not in default. Therefore, leave to enter a default judgment against that defendant should not have been granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.