Bank of Am., NA v Tobin

Bank of Am., NA v Tobin 2006 NY Slip Op 07305 [33 AD3d 640] October 10, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 13, 2006

Bank of America, NA, Respondent,
v
Daniel M. Tobin et al., Defendants, and Veronica Ann Tobin, Sued Herein as John Doe, Appellant.

—[*1]In an action to foreclose a mortgage, Veronica Ann Tobin, sued herein as John Doe, appeals from an order of the Supreme Court, Orange County (Berry, J.), dated February 4, 2004, which, after a hearing to determine the validity of service of process, denied her motion to vacate a judgment of foreclosure and sale of the same court entered July 28, 2003, upon her failure to appear or answer, and to set aside the referee's sale on the ground that she was not properly served with the summons and complaint.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant's contentions, the record supports the Supreme Court's determination that personal jurisdiction was acquired over the appellant by proper service pursuant to CPLR 308 (1). Miller, J.P., Luciano, Rivera and Spolzino, JJ., concur.