NATIONSTAR MTGE. LLC v. McCALLUM

7917. 382890/09.

167 A.D.3d 523 (2018)

91 N.Y.S.3d 9

2018 NY Slip Op 08755

Nationstar Mortgage LLC, Appellant, v. Nicola McCallum, Respondent, et al., Defendants.

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

Decided December 20, 2018.


In this foreclosure matter commenced in 2009, plaintiff's affidavit of service indicated that service of the summons, complaint and RPAPL 1303 notice was effectuated upon defendant Nicola McCallum pursuant to CPLR 308 (2) by serving an individual, who allegedly identified himself as her brother, at her "dwelling place," and mailing the same documents to that address.

In response, defendant averred that she was never served with the summons and complaint, that she...

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