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NATIONSTAR MTGE., LLC v. McLEAN

2015-04665, Index No. 58682/14.

140 A.D.3d 1131 (2016)

35 N.Y.S.3d 188

2016 NY Slip Op 05127

NATIONSTAR MORTGAGE, LLC, Respondent, v. ALTON McLEAN, Defendant, and LEWELLYN DILLARD, Appellant.

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

Decided June 29, 2016.

Ordered that the order dated April 30, 2015, is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied, without conducting a hearing on the issue of service of process, that branch of the motion of the defendant Lewellyn Dillard which was pursuant to CPLR 5015 (a) (4) to vacate an order of reference entered upon his failure to appear or answer the complaint. Dillard's allegations lacked the factual specificity and detail required to rebut...

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