Appellate Division of the Supreme Court of the State of New York October 29, 2014, Index No. 286/08 (HSBC Bank USA, National Ass'n v. Miller)

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Solomon, J.), dated November 2, 2012, which granted those branches of the motion of the defendant Sewajo Dawson which were, in effect, pursuant to CPLR 5015 (a) (1) and (4) to vacate so much of a judgment of foreclosure and sale as was entered against him upon his failure to appear or