Appellate Division of the Supreme Court of the State of New York February 17, 2016, 2015-04875 (EMC Mortgage Corp. v. Toussaint)

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In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Sampson, J.), entered January 31, 2011, which granted that branch of the motion of the defendant Jeanetta Toussaint, also known as Jeanette Toussaint, which was, in effect, pursuant to CPLR 5015 (a) to vacate a judgment of foreclosure and sale of the same court entered April 22,