BAC HOME LOANS SERVICING, LP v. BROSKIE

2016-08256. Index No. 30100/10.

166 A.D.3d 842 (2018)

85 N.Y.S.3d 884

2018 NY Slip Op 08005

BAC Home Loans Servicing, LP, Respondent, v. Elsie A. Broskie et al., Defendants. NMNT Realty Corp., Intervenor Defendant-Appellant.

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

Decided November 21, 2018.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the cross motion of the intervenor-defendant, NMNT Realty Corp., which was pursuant to CPLR 3215 (c) to dismiss the complaint as abandoned is granted.

In August 2010, the plaintiff commenced this action to foreclose a mortgage. Following the failure of the defendant mortgagors to appear at a mandatory settlement conference in December of 2010, the plaintiff was...

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