Chase Home Fin., LLC v Quinn

Dec 12, 2012
2011-05640
Versions:2012 NY Slip Op 08479
101 AD3d 793

Walter T. Ramsey, Brooklyn, N.Y., for appellants.

Stein, Wiener & Roth, LLP, Carle Place, N.Y. (Jonathan M. Cohen of counsel), for respondent.

In an action to foreclose a mortgage, the defendants Miguel Quinn and Blanca Quezada Ahmed appeal from an order of the Supreme Court, Nassau County (Adams, J.), entered April 13, 2011, which denied their motion to vacate a judgment of foreclosure and sale of the same court entered September 5, 2008, upon their default in appearing or answering.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellants’ motion to vacate a judgment of foreclosure and sale. The appellants failed to proffer any evidence that the plaintiff procured the judgment of foreclosure and sale by fraud, misrepresentation, or other misconduct (see CPLR 5015 [a] [3]; Wells Fargo Bank N.A. v Hornes, 94 AD3d 755 [2012]). Furthermore, a letter dated January 25, 2011, which was not in existence at the time the judgment of foreclosure and sale was entered, does not meet the criteria for newly discovered evidence pursuant to CPLR 5015 [a] [2] (see Coastal Sheet Metal Corp. v RJR Mech. Inc., 85 AD3d 420, 421 [2011]; Matter of Ayodele Ademoli J., 57 AD3d 668, 669 [2008]).

The appellants’ remaining contentions are without merit. Dillon, J.P., Leventhal, Austin and Miller, JJ., concur.