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Green Point Savings Bank v. 794 Utica Avenue Realty Corp.
Citations: 261 A.D.2d 509; 688 N.Y.S.2d 906; 1999 N.Y. App. Div. LEXIS 5414
Court: Appellate Division of the Supreme Court of the State of New York; May 17, 1999; New York; State Appellate Court
In a mortgage foreclosure action, the defendant 794 Utica Avenue Realty Corp. appealed a judgment from the Supreme Court, Kings County, dated March 24, 1995, which foreclosed on a mortgage due to the defendant's default in answering. The appeal has been dismissed with costs, as no appeal can be made from a judgment entered upon the default of the appealing party, in accordance with CPLR 5511 and precedent set in High v Coletti. The decision was concurred by Judges Mangano, Santucci, Krausman, Florio, and H. Miller.