Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05817
Point 62, LLC v 192 E. Lindbergh, LLC
Read the official decision: 2026 NY Slip Op 05817
Holding The Appellate Division reversed the lower court’s denial of the defendant’s motion to vacate the default judgment and order of reference. The court found that unique circumstances warranted vacating the judgment in the interests of justice because the defendant raised an affirmative defense that the State-owned property cannot be subject to tax foreclosure.
The court’s words
CPLR 5015(a) 'does not provide an exhaustive list as to when a default judgment may be vacated'
2026 NY Slip Op 05817, at the official text
this discretion is reserved for unique or unusual circumstances that warrant such action
2026 NY Slip Op 05817, at the official text
the property, which is State owned, cannot be subject to foreclosure for unpaid taxes
2026 NY Slip Op 05817, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05817 |
| Area of law | Mortgage Foreclosure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05817 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1040 |
Recommended citation
ESQ HQ, New York Law Watch, Point 62, LLC v 192 E. Lindbergh, LLC, 2026 NY Slip Op 05817 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05817/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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