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

2015-06892, Index No. 30916/14.

140 A.D.3d 1154 (2016)

36 N.Y.S.3d 144

2016 NY Slip Op 05142

U.S. BANK, N.A., as Successor Trustee to BANK OF AMERICA, N.A., as Successor to LASALLE BANK, N.A., as Trustee for the HOLDERS OF THE LUMINENT MORTGAGE TRUST 2005-1, Respondent, v. ROSLYN TAUBER, Appellant, et al., Defendants.

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

Decided June 29, 2016.


Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Rockland County, for a hearing to determine whether the defendant Roslyn Tauber was properly served with process pursuant to CPLR 308 (2), and thereafter for a new determination of her motion to vacate the judgment of foreclosure and sale and to dismiss the complaint insofar as asserted against her.

The defendant Roslyn Tauber (hereinafter the appellant) executed...

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