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CITIMORTGAGE, INC. v. FINOCCHIARO

2013-10315

131 A.D.3d 503 (2015)

14 N.Y.S.3d 711

2015 NY Slip Op 06489

CITIMORTGAGE, INC., Appellant, v. ANGELA FINOCCHIARO, Respondent, et al., Defendants.

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

Decided August 12, 2015.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Angela Finocchiaro is denied.

The plaintiff commenced this action to foreclose a mortgage on real property owned by the defendant Angela Finocchiaro (hereinafter the defendant). Upon the defendant's failure to appear or answer the complaint, the plaintiff moved for leave to enter a default judgment. In an order dated October 13, 2009, the Supreme Court granted the motion and...

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