HSBC Bank USA N.A. v. Thomas
Opinion of the Court
The defendants in this foreclosure action include the mortgagor, Janet Thomas, and the property’s former owners and current occupants, Maurice Thomas and Sharon Thomas. This appeal concerns the motion by Maurice and Sharon Thomas to vacate the judgment of foreclosure entered against them following their default on plaintiffs summary judgment motion.
While Janet Thomas defaulted by failing to answer the complaint, an answer was served on behalf of Maurice and Sharon Thomas, by attorney Ian Belinfanti. One of the defenses asserted in that answer was a lack of personal jurisdiction; however, inasmuch as no motion was made within 60 days based on improper service of process, that defense must be deemed waived (CFLR 3211 [e]). Nevertheless, Maurice and Sharon Thomas contend that the interposed answer must be disregarded and their claim that they were never served must be addressed, because Ian Belinfanti was never retained or authorized to represent them.
We reject their argument. Their submissions fail to justify
Case-law data current through December 31, 2025. Source: CourtListener bulk data.