Opinion
2012-12-12
CHASE HOME FINANCE, LLC, respondent, v. Miguel QUINN, et al., appellants.
Walter T. Ramsey, Brooklyn, N.Y., for appellants. Stein, Wiener & Roth, LLP, Carle Place, N.Y. (Jonathan M. Cohen of counsel), for respondent.
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*898and sale. The appellants failed to proffer any evidence that the plaintiff procured the judgment of foreclosure and sale by fraud, misrepresentation, or other misconduct ( seeCPLR 5015[a][3]; Wells Fargo Bank N.A. v. Hornes, 94 A.D.3d 755, 942 N.Y.S.2d 129). 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 A.D.3d 420, 421, 923 N.Y.S.2d 841;Matter of Ayodele Ademoli J., 57 A.D.3d 668, 669, 870 N.Y.S.2d 68).
The appellants' remaining contentions are without merit.