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WELLS FARGO BANK, N.A. v. KAHANA

2016-00218, Index No. 3019/09.

153 A.D.3d 1300 (2017)

2017 NY Slip Op 06476

59 N.Y.S.3d 705

WELLS FARGO BANK, N.A., Successor by Merger to WELLS FARGO HOME MORTGAGE, INC., Formerly Known as NORWEST MORTGAGE, INC., Respondent, v. SHRAGA KAHANA et al., Appellants, et al., Defendants.

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

Decided September 13, 2017.

Ordered that the order is affirmed, with costs.

In April 2009, the plaintiff commenced this action to foreclose a mortgage on residential property owned by the defendants Shraga Kahana and Eva Kahana (hereinafter together the defendants). The defendants failed to answer the complaint. In August 2015, the defendants moved pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against them as abandoned. The Supreme Court denied the motion, and the defendants...

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