DEUTSCHE BANK NAT. TRUST CO. v. COTTON

NO. 41329/07, 2016-01546

147 A.D.3d 1020 (2017)

46 N.Y.S.3d 913

2017 NY Slip Op 01335

DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellant, v. ROSE COTTON, Respondent, et al., Defendants.

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

Decided February 22, 2017.


In an action to foreclose a mortgage, the plaintiff appeals from a order of the Supreme Court, Kings County (Silber, J.), dated March 19, 2015, which denied its unopposed motion to vacate an order of the same court (Dabiri, J.), dated February 11, 2014, which, sua sponte, conditionally dismissed the action pursuant to CPLR 3216 and directed the County Clerk to vacate the notice of pendency unless the plaintiff filed a note of issue or otherwise proceeded by motion for entry...

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