| Deutsche Bank Natl. Trust Co. v Hunter |
| 2012 NY Slip Op 07781 [100 AD3d 810] |
| November 14, 2012 |
| Appellate Division, Second Department |
| Deutsche Bank National Trust Company,Respondent, v Stefane Hunter, Appellant, et al., Defendants. |
—[*1]
In an action to foreclose a mortgage, the defendant Stefane Hunter appeals from an order ofthe Supreme Court, Westchester County (Liebowitz, J.), entered February 23, 2011, whichdenied her motion, inter alia, pursuant to CPLR 5015 (a) (3) and (4) to vacate a judgment offoreclosure and sale of the same court dated July 13, 2009, entered upon her default in appearingor answering the complaint.
Ordered that the order is affirmed, without costs or disbursements.
The defendant moved, inter alia, pursuant to CPLR 5015 (a) (3) and (4) to vacate a judgmentof foreclosure and sale that was entered upon her default in appearing or answering thecomplaint. The defendant argued that the plaintiff lacked standing to commence the foreclosureaction, and therefore, the plaintiff committed fraud upon the court and the court lacked subjectmatter jurisdiction over the matter. The Supreme Court denied the motion, and the defendantappeals.
The defendant's arguments pursuant to CPLR 5015 (a) (3) and (4) are without merit, as therecord contains no evidence of fraud or misrepresentation, and an alleged lack of standing is nota jurisdictional defect (see Wells FargoBank Minn., N.A. v Mastropaolo, 42 AD3d 239, 244 [2007]). Accordingly, the SupremeCourt properly denied the defendant's motion, inter alia, to vacate the judgment of foreclosureand sale. Skelos, J.P., Florio, Lott and Miller, JJ., concur.