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WELLS FARGO BANK, N.A. v. DASKAL

2015-02358, Index No. 8069/08.

142 A.D.3d 1071 (2016)

37 N.Y.S.3d 353

WELLS FARGO BANK, N.A., Respondent, v. MENDEL DASKAL, Appellant, et al., Defendants.

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

Decided September 21, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2008, the plaintiff commenced this action to foreclose a mortgage on an investment property located in Brooklyn. The defendant Mendel Daskal failed to appear or otherwise timely respond to the complaint (see CPLR 3012 [a], [d]). Two months after Daskal's default, in July 2008, the plaintiff moved for an order of reference. In 2009, the Supreme Court denied the plaintiff's motion. Thereafter...

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