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Mellon Mortgage Company v. Cangro

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2000
268 A.D.2d 412 (N.Y. App. Div. 2000)

Opinion

Submitted December 7, 1999

January 27, 2000

In a mortgage foreclosure action, the defendant Jennifer Cangro appeals from (1) an order of the Supreme Court, Richmond County (Sangiorgio, J.), dated June 30, 1998, which denied her motion to vacate a judgment of foreclosure and sale of the same court dated January 27, 1998, and (2) an order of the same court, dated October 15, 1998, which denied her motion, in effect, to reargue.

Jennifer Cangro, Staten Island, N.Y., appellant pro se.

Berkman, Henoch, Peterson Peddy, P.C., Garden City, N.Y. (David A. Schwartzberg of counsel), for respondent.

DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the appeal from the order dated October 15, 1998, is dismissed, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the order dated June 30, 1998, is affirmed; and it is further,

ORDERED that the respondent is awarded one bill of costs.

The defendant's motion pursuant to CPLR 5015 to vacate a judgment entered upon her default was properly denied as she failed to demonstrate a reasonable excuse for her default and a meritorious defense ( see, Schiller v. Sunrock Building Corp., 260 A.D.2d 566; Garkusha v. Mut. of Omaha Ins. Co., 259 A.D.2d 466).

RITTER, J.P., ALTMAN, SCHMIDT, and SMITH, JJ., concur.


Summaries of

Mellon Mortgage Company v. Cangro

Appellate Division of the Supreme Court of New York, Second Department
Jan 27, 2000
268 A.D.2d 412 (N.Y. App. Div. 2000)
Case details for

Mellon Mortgage Company v. Cangro

Case Details

Full title:MELLON MORTGAGE COMPANY, respondent, v. FRANK F. CANGRO, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 27, 2000

Citations

268 A.D.2d 412 (N.Y. App. Div. 2000)
701 N.Y.S.2d 618