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WELLS FARGO BANK, N.A. v. KRAUSS

2013-07745

128 A.D.3d 813 (2015)

10 N.Y.S.3d 257

2015 NY Slip Op 04123

WELLS FARGO BANK, N.A., Appellant, v. GERSHON KRAUSS et al., Defendants, and BAC HOME LOANS SERVICING, L.P., Formerly Known as COUNTRYWIDE HOME LOANS SERVICING, L.P., Respondent.

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

Decided May 13, 2015.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Schack, J.), dated June 26, 2013, which denied its motion pursuant to CPLR 3215 for leave to enter judgment against the defendant BAC Home Loans Servicing, L.P., formerly known as Countrywide Home Loans Servicing, L.P., upon its failure to appear or answer the complaint, and granted that branch of that defendant's cross motion which was to vacate its default in appearing...

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