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DEUTSCHE BANK NATL. TRUST CO. v. GALLOWAY

2016-06122. Index No. 32684/11.

169 A.D.3d 642 (2019)

91 N.Y.S.3d 720

2019 NY Slip Op 00854

Deutsche Bank National Trust Company, Respondent, v. Milton D. Galloway, Appellant.

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

Decided February 6, 2019.

Ordered that the order is affirmed, with costs.

The defendant in this mortgage foreclosure action moved pursuant to CPLR 5015 (a) (4) to vacate a judgment of foreclosure and sale entered upon his failure to appear or answer the complaint, and pursuant to CPLR 3211 (a) (8) to dismiss the complaint, on the ground that he was not properly served. The Supreme Court denied the defendant's motion without a hearing. The defendant appeals.

We agree with the Supreme...

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