CITIMORTGAGE, INC. v. CARTER

492 CA 15-01234.

140 A.D.3d 1663 (2016)

32 N.Y.S.3d 786

2016 NY Slip Op 04561

CITIMORTGAGE, INC., Appellant, v. KIP C. CARTER et al., Respondents, et al., Defendants.

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

Decided June 10, 2016.


It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs and the complaint is reinstated.

Memorandum: In this mortgage foreclosure action, plaintiff appeals from an order and judgment, issued sua sponte, dismissing the complaint without prejudice based on plaintiff's failure to meet a single court-ordered deadline for filing a motion for a judgment of foreclosure. We reverse. Supreme Court erred in dismissing...

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