COUNTRYWIDE HOME LOANS, INC. v. CARUSO

2017-02289, Index No. 19454/08.

171 A.D.3d 857 (2019)

95 N.Y.S.3d 868

2019 NY Slip Op 02673

Countrywide Home Loans, Inc., Appellant, v. Ulderico Caruso, Respondent, et al., Defendants.

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

Decided April 10, 2019.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion to vacate the order dated March 18, 2015, is granted.

In an order dated March 18, 2015, the Supreme Court sua sponte directed dismissal of the complaint (hereinafter the dismissal order) in this residential mortgage foreclosure action, based on the plaintiff's failure to comply with a prior order directing the plaintiff to file an attorney affirmation by that date. The order appealed...

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