NATIONWIDE CAPITAL GROUP, INC. v. WEISS

2016-07616, Index No. 19199/08.

170 A.D.3d 870 (2019)

93 N.Y.S.3d 884

2019 NY Slip Op 01781

Nationwide Capital Group, Inc., Respondent, v. Chaim Weiss, as Heir-at-Law of the Estate of Zev Weiss, Deceased, et al., Appellants, et al., Defendants.

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

Decided March 13, 2019.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to foreclose a mortgage in 2008. On March 20, 2014, the Supreme Court entered a conditional order of dismissal dismissing the action pursuant to CPLR 3216 and directing the County Clerk to cancel the notice of pendency "unless plaintiff files a note of issue or otherwise proceeds by motion for entry of judgment within 90 days from the date hereof." The plaintiff...

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