Golden First Bank v. Tal

The Berkman Law Office, LLC, Brooklyn, N.Y. (Robert J. Tolchin of counsel), for appellant.

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, N.Y. (Bruce J. Bergman of counsel), for nonparty-respondent.

MARK C. DILLON, J.P., JEFFREY A. COHEN, JOSEPH J. MALTESE, and BETSY BARROS, JJ.

In an action to foreclose a mortgage, the defendant Hersel Tal, also known as Herzel Tal, appeals from an order of the Supreme Court, Nassau County (Adams, J.), entered April 9, 2014, which denied his motion to vacate or modify a judgment of foreclosure and sale of the same court (McCabe, J.), entered April 24, 2008, upon his failure to appear or answer the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion to vacate or modify the judgment of foreclosure and sale entered April 24, 2008, upon his failure to appear or answer the complaint. Vacatur could only be obtained by way of a motion to vacate the judgment of foreclosure and sale pursuant to CPLR 5015 (see IndyMac Bank, F.S.B. v. Vincoli, 105 A.D.3d 704, 706, 962 N.Y.S.2d 624 ). Although the appellant or other misconduct (see Citimortgage, Inc. v. Bustamante, 107 A.D.3d 752, 753, 968 N.Y.S.2d 513 ; Onewest Bank, FSB v. Martinez, 101 A.D.3d 969, 970, 955 N.Y.S.2d 532 ). The appellant's broad, unsubstantiated allegations of fraud and claims of improper practices in unrelated matters were not sufficient to meet his burden (see Citimortgage, Inc. v. Bustamante, 107 A.D.3d at 753, 968 N.Y.S.2d 513 ; Onewest Bank, FSB v. Martinez, 101 A.D.3d at 970, 955 N.Y.S.2d 532 ; Bank of N.Y. v. Stradford, 55 A.D.3d 765, 766, 869 N.Y.S.2d 554 ).

The appellant's remaining contentions either are not properly before this Court, without merit, or refer to matter dehors the record.