Bank of New York Mellon, etc., v Alida Izquierdo, et al., defendants, Marlon Izquierdo, appellant

Holding The appellate court affirmed the denial of the defendant’s motion to vacate the foreclosure judgment and sale, finding that the defendant’s delay in seeking relief under CPLR 5015(a)(3) was unreasonable. The court also determined that the defendant failed to provide any basis for relief pursuant to CPLR 5015(a)(4).

The court’s words

A judgment of foreclosure and sale . . . against a defendant is final as to all questions at issue between the parties, and concludes all matters of defense which were or might have been litigated in the foreclosure action

2026 NY Slip Op 05511, at the official text

CPLR 5015(a)(3) permits a court to relieve a party from an order or judgment on the ground of fraud, misrepresentation, or other misconduct of an adverse party

2026 NY Slip Op 05511, at the official text

While there is no specific time limit within which to move under this provision, the motion must be made within a reasonable time

2026 NY Slip Op 05511, at the official text

Here, the defendant's delay in seeking relief under CPLR 5015(a)(3) was unreasonable

2026 NY Slip Op 05511, at the official text

Moreover, the defendant failed to provide any basis for relief pursuant to CPLR 5015(a)(4)

2026 NY Slip Op 05511, at the official text