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COUNTY OF ONTARIO

1173 CA 17-00606.

155 A.D.3d 1567 (2017)

64 N.Y.S.3d 811

2017 NY Slip Op 07823

In the Matter of the Foreclosure of Tax Liens by Proceeding in Rem Pursuant to Article 11 of the Real Property Tax Law by the COUNTY OF ONTARIO, Respondent. LUNDQUIST 1996 LIVING TRUST, Appellant, et al., Respondent.

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

Decided November 9, 2017.

It is hereby ordered that the order insofar as appealed from is unanimously reversed in the exercise of discretion without costs, the motion is granted and the default judgment of foreclosure is vacated against respondent Lundquist 1996 Living Trust.

Memorandum: In this proceeding pursuant to RPTL article 11, respondent Lundquist 1996 Living Trust (Trust) appeals from an order denying its motion pursuant to RPTL 1131 to vacate the default judgment of foreclosure....

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