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JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. LILKER

2015-10608, Index No. 11358/13.

153 A.D.3d 1243 (2017)

2017 NY Slip Op 06434

61 N.Y.S.3d 578

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Respondent, v. MOLLY I. LILKER, Also Known as MOLLY LILKER, et al., Appellants.

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

Decided September 13, 2017.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of whether the plaintiff's counsel had knowledge that the defendants could not properly be served on a Saturday, and a new determination thereafter of the defendants' motion pursuant to CPLR 5015 (a) and 317 to vacate the judgment of foreclosure and sale, and pursuant to CPLR 3211 (a) to dismiss the complaint, and for the issuance...

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