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Tuesday, Apr 7, 2009

Michael J. Catalfimo, James A. Resila, and Edward M. Connell Obtain Reversal of Order Denying Motion To Vacate

The Appellate Division, Second Department, reversed an Order of the Kings County Supreme Court which denied a motion by Green Tree Credit, LLC ("Green Tree") to vacate portions of a previous Order of that Court that adversely affected Green Tree’s property rights in a mortgage.  On the appeal to the Second Department's Appellate Division, Michael J. Catalfimo, James A. Resila, and Edward M. Connell successfully argued that the earlier Order deprived Green Tree of a valuable property interest without due process of law and should not have been made.  The matter involved a dispute over the priority of liens affecting certain real property in Brooklyn, New York.