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CITIMORTGAGE INC. v. PEMBELTON

27968/10.

39 Misc.3d 454 (2013)

960 N.Y.S.2d 867

2013 NY Slip Op 23033

CITIMORTGAGE, INC., Plaintiff, v. JOHN H. PEMBELTON, III, et al., Defendants.

Supreme Court, Suffolk County.

February 5, 2013.

Attorney(s) appearing for the Case

Rubin & Licatesi, P.C., Garden City, for John H. Pembelton, III , defendant. Knuckles & Komosinski, P.C., Tarrytown, for plaintiff.

OPINION OF THE COURT

THOMAS F. WHELAN, J.

It is ordered that this motion (No. 001) by defendant, John H. Pembelton, III, to vacate his default in answering the summons and complaint, for dismissal of this action or for leave to serve and file a late answer is considered under CPLR 5015 (a) (1) and (4), 317 and 3012 and is denied.

The plaintiff commenced this action to foreclose an August 31, 2005 mortgage...

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