Bank of Am., N.A. v. Unknown Heirs of Estate of Hagglund

7 Citing cases

  1. U.S. Bank Tr. v. Johnson

    2024 N.Y. Slip Op. 3841 (N.Y. App. Div. 2024)

    It is axiomatic that "[n]o appeal lies from an order or judgment entered upon the default of the appealing party" (Alvarez v Jawaid, 163 A.D.3d 746, 747; see CPLR 5511; Bank of Am., N.A. v Unknown Heirs of the Estate of Hagglund, 192 A.D.3d 855; Wells Fargo Bank, N.A. v Syed, 160 A.D.3d 914, 914). Here, since the defendant did not oppose the plaintiff's motion to resettle the order and judgment of foreclosure and sale, her appeal from the postjudgment order granting the motion must be dismissed (see CPLR 5511; HSBC Bank USA, N.A. v Epstein, 199 A.D.3d 790, 790).

  2. Wells Fargo Bank, N.A. v. Amiel

    199 A.D.3d 966 (N.Y. App. Div. 2021)

    However, the plaintiff's motion for summary judgment was already decided by the order dated July 17, 2018. The defendants did not appeal from that order, nor would they have been able to do so, as that order was entered upon their default in opposing the plaintiff's motion for summary judgment (see CPLR 5511 ; Bank of Am., N.A. v. Unknown Heirs of the Estate of Hagglund , 192 A.D.3d 855, 140 N.Y.S.3d 741 ). The proper remedy for the defendants to seek relief from that order was to move to vacate the order (see Kastberg v. JLM Land Dev. Corp. , 280 A.D.2d 453, 719 N.Y.S.2d 893 ).

  3. Wells Fargo Bank v. Amiel

    No. 2018-11885 (N.Y. App. Div. Nov. 17, 2021)

    However, the plaintiff's motion for summary judgment was already decided by the order dated July 17, 2018. The defendants did not appeal from that order, nor would they have been able to do so, as that order was entered upon their default in opposing the plaintiff's motion for summary judgment (see CPLR 5511; Bank of Am., N.A. v Unknown Heirs of the Estate of Hagglund, 192 A.D.3d 855). The proper remedy for the defendants to seek relief from that order was to move to vacate the order (see Kastberg v JLM Land Dev. Corp., 280 A.D.2d 453).

  4. HSBC Bank USA, Nat'l Ass'n v. Epstein

    199 A.D.3d 790 (N.Y. App. Div. 2021)   Cited 4 times

    In this mortgage foreclosure action, the appellant failed to submit papers in opposition to the plaintiff's motion for a judgment of foreclosure and sale, and the motion was granted on default. No appeal lies from an order or judgment granted upon the default of the appealing party (see CPLR 5511 ; Bank of Am., N.A. v. Unknown Heirs of the Estate of Hagglund, 192 A.D.3d 855, 140 N.Y.S.3d 741 ; Alvarez v. Jawaid, 163 A.D.3d 746, 747, 81 N.Y.S.3d 591 ). Since the judgment of foreclosure and sale was entered upon the appellant's default in opposing the motion, and the appellant has not raised any other issue which was the subject of contest in the Supreme Court, the appeal from the judgment of foreclosure and sale must be dismissed (seeWells Fargo Bank, N.A. v. Syed, 160 A.D.3d 914, 914–915, 76 N.Y.S.3d 63 ).

  5. HSBC Bank U.S. v. Epstein

    No. 2018-12605 (N.Y. App. Div. Nov. 10, 2021)

    In this mortgage foreclosure action, the appellant failed to submit papers in opposition to the plaintiff's motion for a judgment of foreclosure and sale, and the motion was granted on default. No appeal lies from an order or judgment granted upon the default of the appealing party (see CPLR 5511; Bank of Am., N.A. v Unknown Heirs of the Estate of Hagglund, 192 A.D.3d 855; Alvarez v Jawaid, 163 A.D.3d 746, 747). Since the judgment of foreclosure and sale was entered upon the appellant's default in opposing the motion, and the appellant has not raised any other issue which was the subject of contest in the Supreme Court,

  6. Wells Fargo Bank v. Amiel

    2021 N.Y. Slip Op. 6390 (N.Y. Sup. Ct. 2021)

    However, the plaintiff's motion for summary judgment was already decided by the order dated July 17, 2018. The defendants did not appeal from that order, nor would they have been able to do so, as that order was entered upon their default in opposing the plaintiff's motion for summary judgment (see CPLR 5511; Bank of Am., N.A. v Unknown Heirs of the Estate of Hagglund, 192 A.D.3d 855). The proper remedy for the defendants to seek relief from that order was to move to vacate the order (see Kastberg v JLM Land Dev. Corp., 280 A.D.2d 453).

  7. HSBC Bank U.S. v. Epstein

    2021 N.Y. Slip Op. 6166 (N.Y. Sup. Ct. 2021)

    In this mortgage foreclosure action, the appellant failed to submit papers in opposition to the plaintiff's motion for a judgment of foreclosure and sale, and the motion was granted on default. No appeal lies from an order or judgment granted upon the default of the appealing party (see CPLR 5511; Bank of Am., N.A. v Unknown Heirs of the Estate of Hagglund, 192 A.D.3d 855; Alvarez v Jawaid, 163 A.D.3d 746, 747). Since the judgment of foreclosure and sale was entered upon the appellant's default in opposing the motion, and the appellant has not raised any other issue which was the subject of contest in the Supreme Court, the appeal from the judgment of foreclosure and sale must be dismissed (see Wells Fargo Bank, N.A. v Syed, 160 A.D.3d 914, 914-915).