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KLEIN v. ST. CYPRIAN PROPS., INC.

2011-08528.

100 A.D.3d 711 (2012)

954 N.Y.S.2d 170

JOHN KLEIN, Appellant, v. ST. CYPRIAN PROPERTIES, INC., Respondent, et al., Defendants.

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

November 14, 2012.

Ordered that the order is reversed, on the law, with costs, that branch of the cross motion of the defendant St. Cyprian Properties, Inc., which was pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against it as abandoned is denied, and the matter is remitted to the Supreme Court, Kings County, for a determination on the merits of the plaintiff's motion for a default judgment of foreclosure and sale and of...

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