Opinion
May 10, 1990
Appeal from the Supreme Court, New York County (Burton Sherman, J.).
The order appealed from, entered January 27, 1989, was granted on default. The proper remedy for defendants was to move to vacate the default pursuant to CPLR 5015 (Vasquez v. Koret, Inc., 151 A.D.2d 448).
The issues raised with respect to defendants' alleged satisfaction of the mortgages held by the plaintiff in connection with the subject property at 6 Riverview Terrace, New York, New York, were previously decided by this court, and our decision is res judicata (see, Bank Leumi Trust Co. v. Sibthorp, 135 A.D.2d 476; Bank Leumi Trust Co. v. Sibthorp, 116 A.D.2d 451). In addition, defendants have failed to provide adequate factual support with respect to their conclusory allegations that the plaintiff misapplied payments allegedly made after the abovesaid decisions.
Concur — Murphy, P.J., Ross, Asch and Wallach, JJ.