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INDYMAC BANK, FSB v. MACPHERSON

303 A.D.2d 558 (2003)

756 N.Y.S.2d 467

INDYMAC BANK, FSB, Respondent, v. DONALD MACPHERSON, Appellant, et al., Defendant.

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

Decided March 17, 2003.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing and new determination in accordance herewith.

It appears from the record that the defendant Donald MacPherson may not have been served with the summons within 30 days of the filing of the notice of pendency as required by CPLR 6512. Moreover, as there was no hearing...

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