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DEUTSCHE BANK NATL. TRUST CO. v. AUGUSTIN

2016-03688, Index No. 44548/07.

155 A.D.3d 823 (2017)

63 N.Y.S.3d 876

2017 NY Slip Op 07973

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for MORGAN STANLEY MSAC 2007-HE1, Respondent, v. DANIEL AUGUSTIN, Appellant, et al., Defendants.

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

Decided November 15, 2017.

Ordered that the order dated March 3, 2016, is affirmed insofar as appealed from, with costs.

In this action to foreclose a mortgage, the Supreme Court issued an order dated October 24, 2013, conditionally dismissing the action unless the plaintiff "file[d] a note of issue or otherwise proceed[ed] by motion for entry of judgment within 90 days." Thereafter, the plaintiff moved, inter alia, to vacate the conditional order. By order dated March 3, 2016, the Supreme...

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