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BANK OF N.Y. MELLON TRUST CO., N.A. v. ROSS

2017-11649, Index No. 15190/13.

170 A.D.3d 931 (2019)

94 N.Y.S.3d 862

2019 NY Slip Op 02051

Bank of New York Mellon Trust Company, N.A., as Successor in Interest to JP Morgan Chase Bank, National Association, Formerly Known as JP Morgan Chase Bank, as Trustee of Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2004-BC2, Dated as of June 1, 2004, Respondent, v. Kristin M. Ross, as Administratrix of the Estate of Richard A. Ross, Deceased, and Legal Guardian of John Patrick Ross and Another, Infants, Appellant, et al., Defendants.

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

Decided March 20, 2019.

Ordered that the order dated August 23, 2017, is affirmed, with costs.

In this action to foreclose a mortgage, an order of reference dated July 18, 2016, was entered upon the failure of the defendant Kristin M. Ross (hereinafter the defendant) to appear or answer the complaint. The defendant thereafter moved pursuant to CPLR 5015 (a) (3) to vacate the order of reference, based upon the alleged "fraud, misrepresentation, or other

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