Opinion
January 9, 1995
Appeal from the Supreme Court, Nassau County (Lockman, J.).
Ordered that the order is affirmed, with costs.
On appeal, the plaintiff contends that the Supreme Court erred in granting the application of the defendant Janet Syrota to vacate a judgment of foreclosure and sale against her. We disagree.
Generally, "a court is without power to render a judgment against a party over whom the court lacks jurisdiction. A judgment rendered without jurisdiction is void * * * Furthermore, when a * * * deed is issued in execution upon such a void judgment, that deed is similarly void" (Berlin v. Sordillo, 179 A.D.2d 717, 719). In the present case, the Supreme Court acted properly in vacating the judgment against Janet Syrota (see, CPLR 5015 [a]; Putnam County Natl. Bank v. Simpson, 204 A.D.2d 297), since it was obtained in the absence of jurisdiction (cf., Continental Bank v. White, 112 A.D.2d 912).
The plaintiff's remaining contentions are without merit. Miller, J.P., Lawrence, Ritter and Santucci, JJ., concur.