| Chase Home Fin., LLC v Quinn |
| 2012 NY Slip Op 08479 [101 AD3d 793] |
| December 12, 2012 |
| Appellate Division, Second Department |
| Chase Home Finance, LLC, Respondent, v Miguel Quinnet al., Appellants. |
—[*1] Stein, Wiener & Roth, LLP, Carle Place, N.Y. (Jonathan M. Cohen of counsel), forrespondent.
In an action to foreclose a mortgage, the defendants Miguel Quinn and Blanca QuezadaAhmed appeal from an order of the Supreme Court, Nassau County (Adams, J.), entered April13, 2011, which denied their motion to vacate a judgment of foreclosure and sale of the samecourt entered September 5, 2008, upon their default in appearing or answering.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the appellants' motion tovacate a judgment of foreclosure and sale. The appellants failed to proffer any evidence that theplaintiff procured the judgment of foreclosure and sale by fraud, misrepresentation, or othermisconduct (see CPLR 5015 [a] [3]; Wells Fargo Bank N.A. v Hornes, 94 AD3d 755 [2012]).Furthermore, a letter dated January 25, 2011, which was not in existence at the time the judgmentof foreclosure and sale was entered, does not meet the criteria for newly discovered evidencepursuant to CPLR 5015 (a) (2) (seeCoastal Sheet Metal Corp. v RJR Mech. Inc., 85 AD3d 420, 421 [2011]; Matter of Ayodele Ademoli J., 57AD3d 668, 669 [2008]).
The appellants' remaining contentions are without merit. Dillon, J.P., Leventhal, Austin andMiller, JJ., concur.