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DEUTSCHE BANK NATIONAL TRUST CO. v. O'KING

2015-01630, Index No. 18029/09.

148 A.D.3d 776 (2017)

2017 NY Slip Op 01673

51 N.Y.S.3d 523

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for Holders of GSAMP TRUST 2005-HE1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-HE1, Respondent, v. LAWRENCE O'KING, JR., Appellant, et al., Defendants.

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

Decided March 8, 2017.

Ordered that the order dated October 22, 2014, is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a hearing to determine whether the defendant Lawrence O'King, Jr., was properly served with process pursuant to CPLR 308 (4), and for a new determination thereafter of that branch of his motion which was pursuant to CPLR 5015 (a) (4) to vacate the judgment of foreclosure and sale.

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