AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

BANK LEUMI TRUST COMPANY OF NEW YORK, Respondent, v. MARGUERITE SIBTHORPE, et al., Appellants.

The order appealed from, entered January 27, 1989, was granted on default. The proper remedy for defendants was to move to vacate the default pursuant to CPLR 5015 (Vasquez v. Koret, Inc., 151 A.D.2d 448).

The issues raised with respect to defendants' alleged satisfaction of the mortgages held by the plaintiff in connection with the subject property at 6 Riverview Terrace, New York, New York, were previously decided by this court, and our decision is res judicata (see, Bank Leumi Trust Co. v. Sibthorp, 135 A.D.2d 476; Bank Leumi Trust Co. v. Sibthorp, 116 A.D.2d 451). In addition, defendants have failed to provide adequate factual support with respect to their conclusory allegations that the plaintiff misapplied payments allegedly made after the abovesaid decisions.

Concur — Murphy, P.J., Ross, Asch and Wallach, JJ.

Use AI to get other relevant cases.

Comments

BANK LEUMI TR. CO. OF NEW YORK v. SIBTHORPE
(May 10, 1990)