NATIONSTAR MTGE., LLC v. SIMMONDS

2017-00578, Index No. 31112/09.

171 A.D.3d 765 (2019)

95 N.Y.S.3d 846

2019 NY Slip Op 02529

Nationstar Mortgage, LLC, Appellant, v. Gertrude Simmonds, Respondent, et al., Defendants.

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

Decided April 3, 2019.


Ordered that the order dated December 7, 2016, is affirmed, with costs.

In December 2009, the plaintiff commenced this action to foreclose the mortgage of the defendant Gertrude Simmons (hereinafter the defendant). The defendant did not appear in the action. For approximately three years, the plaintiff took no action toward a judgment of foreclosure and sale other than an ex parte motion for an order of reference. That motion was made in February 2010 but withdrawn...

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