CITIBANK, N. A. v. McGLONE


270 A.D.2d 124 (2000)

704 N.Y.S.2d 576

CITIBANK, N. A., Respondent, v. DANIEL P. McGLONE, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 21, 2000.


In March 1991, plaintiff commenced its first action to foreclose a mortgage against appellant based upon a default in 1990. That action was dismissed in May 1995 following a traverse hearing since plaintiff could not locate its process server. A second foreclosure action was commenced in December 1995. A Special Referee was subsequently ordered to hear and report regarding whether appellant had been properly served. Before that issue was resolved, plaintiff commenced a third...

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