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U.S. BANK, N.A. v. LANDMAN

13455, 381515/08

130 A.D.3d 522 (2015)

12 N.Y.S.3d 885

2015 NY Slip Op 06194

U.S. BANK, N.A., Respondent, v. ANNA LANDMAN, Appellant, et al., Defendants.

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

Decided July 21, 2015.

This foreclosure action was stayed upon discovery that defendant mortgagee Ken Koren had died shortly before the action was filed in 2008 (see e.g. Silvagnoli v Consolidated Edison Empls. Mut. Aid Socy., 112 A.D.2d 819, 820 [1st Dept 1985]).

Defendant asserts that the action should have been dismissed because of plaintiff's failure to prosecute. However, plaintiff commenced proceedings in Surrogate's Court for letters of...

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