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NATIONSTAR MORTGAGE, LLC v. MARTIN

5008N.

156 A.D.3d 533 (2017)

65 N.Y.S.3d 715

2017 NY Slip Op 08880

NATIONSTAR MORTGAGE, LLC, Respondent, v. SILVIA MARTIN, Appellant, et al., Defendants.

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

Decided December 21, 2017.

Defendant's appearance in this action by counsel at three settlement conferences was acknowledged in the motion court's settlement conference orders. As an appearing party, defendant was entitled to five days notice of the default motion (CPLR 3215 [g]; Walker v Foreman, 104 A.D.3d 460 [1st Dept 2013]). Accordingly, plaintiff's ex parte motion seeking a default judgment and order of reference should have been denied. We exercise...

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