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DOWNEY SAVINGS AND LOAN ASSN., F.A. v. ARIBISALA

NO. 38448/07, 2015-11463

147 A.D.3d 911 (2017)

47 N.Y.S.3d 413

2017 NY Slip Op 01183

DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A., Appellant, v. DENIS ARIBISALA et al., Defendants, and LESLIE WINDSOR et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 15, 2017.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated May 28, 2015, which denied that branch of its motion which was to vacate an order of the same court dated July 23, 2013, conditionally dismissing the action pursuant to CPLR 3216, and, in effect, denied, as academic, that branch of its motion which was for a judgment of foreclosure and sale.

Ordered that the order dated May 28, 2015, is...

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