The motion court improvidently exercised its discretion in denying issuance of the warrant. Defendant has failed to appear at every juncture of this five-year-old mortgage foreclosure action and has ignored a judicial subpoena and a contempt order. Given this conduct and the likelihood that it will continue, the CPLR 2308 (a) warrant should issue inasmuch as it is the proper remedy for such circumstances (see, Hefte v Bellin,
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CADLE COMPANY II, INC. v. CAMPBELL
289 A.D.2d 68 (2001)
733 N.Y.S.2d 866
CADLE COMPANY II, INC., Appellant, v. FAY CAMPBELL, Also Known as FAY HAMILTON, Respondent, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided December 11, 2001.
Decided December 11, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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