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BAC HOME LOANS SERVICING, LP v. MAESTRI

1424 CA 15-00517.

134 A.D.3d 1593 (2015)

21 N.Y.S.3d 925

2015 NY Slip Op 09777

BAC HOME LOANS SERVICING, LP, Formerly Known as COUNTRYWIDE HOME LOANS SERVICING LP, Appellant, v. KENNETH MAESTRI, Also Known as KENNETH V. MAESTRI, Respondent.

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

Decided December 31, 2015.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, the order dated December 13, 2012 is vacated and the complaint is reinstated.

Memorandum: In this mortgage foreclosure action, plaintiff appeals from an order that denied its motion seeking to vacate an order dated December 13, 2012, in which Supreme Court sua sponte dismissed the complaint as abandoned pursuant to CPLR 3215 (c). We agree with...

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