DEUTSCHE BANK NATL. TRUST CO. v. DACOSTA

2011-08334.

97 A.D.3d 630 (2012)

949 N.Y.S.2d 393

2012 NY Slip Op 5495

DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellant, v. ROSEMARIE T. DACOSTA et al., Respondents, et al., Defendants.

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

July 11, 2012.


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of whether the defendants Rosemarie T. DaCosta and Ryan DaCosta were properly served with process pursuant to CPLR 308 (2), and a new determination thereafter of those branches of their motion which were pursuant to CPLR 317 and 5015 (a) (4) to vacate the judgment of foreclosure...

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