DEUTSCHE BANK NATL. TRUST CO. v. HALL

2016-04173, Index No. 3552/09.

149 A.D.3d 803 (2017)

2017 NY Slip Op 02773

49 N.Y.S.3d 910

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF16, ASSET-BACKED CERTIFICATES, SERIES 2006-FF16, Respondent, v. LYNDEN HALL, Appellant, et al., Defendants.

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

Decided April 12, 2017.


Ordered that the order is affirmed, with costs.

In 2009, the plaintiff commenced this foreclosure action against, among others, the defendant mortgagor Lynden Hall (hereinafter the defendant). The defendant neither served an answer nor made a motion in response to the complaint at any point relevant to this appeal. Subsequently, on October 8, 2013, the Supreme Court issued a conditional order of dismissal pursuant to CPLR 3216 which recited that unless the plaintiff...

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