DEUTSCHE BANK NATIONAL TRUST COMPANY v. THOMPSON

4185. 380995/07.

151 A.D.3d 460 (2017)

2017 NY Slip Op 04405

53 N.Y.S.3d 529

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for LONG BEACH MORTGAGE LOAN TRUST 2006-4, Appellant, v. FRANCES THOMPSON, Respondent, et al., Defendants.

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

Decided June 6, 2017.


The motion court determined that the discrepancy between the physical description of the person personally served, according to the affidavit of service, and that of defendant warranted a traverse hearing (see Matter of Devon M., 169 A.D.2d 690, 691 [1st Dept 1991]). After several adjournments, Deutsche Bank failed to appear at the final scheduled hearing.

Even if Deutsche Bank...

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