DEUTSCHE BANK NATL. TRUST CO. v. RUSSO

2016-09830, Index No. 101249/08.

170 A.D.3d 952 (2019)

96 N.Y.S.3d 617

2019 NY Slip Op 02062

Deutsche Bank National Trust Company, as Trustee for GSAA Home Equity Trust 2006-18, Asset-Backed Certificates, Series 2006-18, Respondent, v. Rose Marie Russo, Also Known as Rosemarie Russo, et al., Appellants, et al., Defendants.

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

Decided March 20, 2019.


Ordered that the order dated August 1, 2016, is affirmed, with costs.

The defendants Rose Marie Russo and Michael Russo (hereinafter together the defendants), who defaulted in answering the complaint, cross-moved, eight years later, inter alia, to vacate their defaults in appearing and answering and for leave to serve and file a late answer. The Supreme Court granted those branches of the cross motion in an order dated March 9, 2016, but subsequently granted the plaintiff...

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