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34 FUNDING ASSOCIATES, INC. v. POLLAK

26 A.D.3d 182 (2006)

811 N.Y.S.2d 352

34 FUNDING ASSOCIATES, INC., Respondent, v. THOMAS A. POLLAK, Appellant, et al., Defendants.

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

February 7, 2006.

Although plaintiff's predecessors in this mortgage foreclosure action apparently failed to serve the summons and complaint on Pollak within 30 days after filing the notice of pendency, as required by CPLR 6512, Pollak did sign a stipulation of settlement with the substitute plaintiff on January 12, 2001, consenting to jurisdiction in Supreme Court, as well as to the referee's report of sale showing $1,434,206.60 due plaintiff, and to the entry of a judgment of foreclosure...

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