U.S. BANK NATIONAL ASSOCIATION v. ALLEN

2012-01626.

102 A.D.3d 955 (2013)

958 N.Y.S.2d 737

2013 NY Slip Op 479

U.S. BANK NATIONAL ASSOCIATION, Respondent, v. DEMETRA ALLEN, Appellant.

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

Decided January 30, 2013.


Ordered that the order dated December 21, 2011, is affirmed, with costs.

The defendant moved, in effect, pursuant to CPLR 5015 (a) (3) to vacate an order of reference entered upon her default in answering the complaint, and to dismiss the complaint. The defendant argued that the plaintiff lacked standing to commence the foreclosure action based upon an alleged fraudulent assignment and other related documents. The Supreme Court denied the motion, and the defendant...

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