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BANK OF N.Y. MELLON v. ADAGO

2016-01106, Index No. 61829/14.

155 A.D.3d 594 (2017)

63 N.Y.S.3d 495

2017 NY Slip Op 07582

BANK OF NEW YORK MELLON, Formerly Known as BANK OF NEW YORK, as Trustee for the Holders of CWALT, INC., ALTERNATIVE LOAN TRUST 2004-J13, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-J13, Respondent, v. JOHN ADAGO, Appellant, et al., Defendants.

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

Decided November 1, 2017.

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

In March 2014, the plaintiff commenced this action to foreclose a mortgage on property owned by the defendant John Adago. Adago failed to timely answer the complaint. In May 2015, Adago moved, inter alia, to dismiss the complaint insofar as asserted against him pursuant to CPLR 3215 (c) or, in the alternative, for leave to serve an untimely answer...

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