Cantor v. Flores
Cases that cite this one
13 later published cases cite this decision.
- Wright v. Brooklyn Renaissance Funding Co., LLC (Appellate Division of the Supreme Court of New York 2019)
- HSBC Bank USA, National Ass'n v. Wider (Appellate Division of the Supreme Court of New York 2012)
- HSBC Bank USA, National Ass'n v. Wider (Appellate Division of the Supreme Court of New York 2012)
- Saleh v. Hudson 418 Riv. Rd., Ltd. (Appellate Division of the Supreme Court of New York 2024)
- Beach 28 RE, LLC v. Somra (Appellate Division of the Supreme Court of New York 2023)
- Matter of Haberman v. Zoning Bd. of Appeals of the City of Long Beach (Appellate Division of the Supreme Court of New York 2017)
- LaSalle Bank National Ass'n v. Calle (Appellate Division of the Supreme Court of New York 2017)
- CEO Business Brokers, Inc. v. Alqabili (Appellate Division of the Supreme Court of New York 2013)
- CEO Business Brokers, Inc. v. Alqabili (Appellate Division of the Supreme Court of New York 2013)
- Wells Fargo Bank v. Owens (Appellate Division of the Supreme Court of New York 2013)
- Wells Fargo Bank v. Owens (Appellate Division of the Supreme Court of New York 2013)
- Glukhman v. Bay 49th St. Condominium, LLC (Appellate Division of the Supreme Court of New York 2012)
- Glukhman v. Bay 49th St. Condominium, LLC (Appellate Division of the Supreme Court of New York 2012)
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 Frantzie Flores appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered January 5, 2011, which denied her motion to vacate a judgment of foreclosure and sale of the same court entered August 11, 2008, upon her default in answering the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the motion of the defendant Frantzie Flores (hereinafter the appellant) to vacate a judgment of foreclosure and sale entered upon her default in answering the complaint. While the appellant explicitly stated that her motion was based upon CPLR 5015 (a) (4), she failed to allege that the Supreme Court did not obtain personal jurisdiction over her. The affidavit of the plaintiffs process server, which constituted prima facie evidence of proper service (see Argent Mtge. Co., LLC v Vlahos, 66 AD3d 721 [2009]), indicated that the appellant was served on August 7, 2006, pursuant to CPLR 308 (1). The appellant failed to challenge, let alone rebut, the plaintiffs prima facie showing of proper service. To the extent the appellant based her motion to vacate the default judgment of foreclosure and sale on CPLR 5015 (a) (1), the motion was properly denied, as she failed to demonstrate a reasonable excuse for her default. While the
The appellant’s remaining contentions either are without merit or have been rendered academic by our determination. Dillon, J.E, Dickerson, Hall and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.