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Fourth Department — Foreclosure: County of Livingston v. Mort
By: Daily Record Staff//January 23, 2013
Fourth Department — Foreclosure: County of Livingston v. Mort
By: Daily Record Staff//January 23, 2013
Appellate Division, Fourth Department
Foreclosure
Vacating Default
County of Livingston v. Mort
CA 12-01068
Appealed from Supreme Court, Livingston County
Background: The petitioner appealed from an order granting the respondent’s motion to vacate a default judgment of foreclosure. The respondent argued that he had twice contacted the petitioner prior to the redemption date informing it of his intention to pay all taxes due.
Ruling: The Appellate Division affirmed. The court found that the delay in the action was brief and the respondent had promptly moved to vacate the judgment just four days before default was to be entered. Further, there was no intention on the part of the respondent to abandon the case.
Jason S. Diponzio for the petitioner-appellant; G. Michael Miller of Dibble & Miller for the respondent-respondents
Case Digests
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
- Fourth Department – Out-of-possession landlord: Smith v. Marshall Farms Group, et al.
- Second Circuit – Supervised release: United States v. Francis
- Fourth Department – Court of Claims: Santiago v. State of New York
- Fourth Department – Peremptory challenge: People v. Santiago
- Fourth Department – Negligence: Scime v. Hale Northeastern
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