BANK OF AMERICA, N.A. v. McALPIN

2017-08025, Index No. 15785/13.

171 A.D.3d 999 (2019)

96 N.Y.S.3d 866

2019 NY Slip Op 02843

Bank of America, N.A., Respondent, v. Andy McAlpin, Appellant, et al., Defendants.

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

Decided April 17, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

In August 2013, the plaintiff commenced this mortgage foreclosure action against the defendant Andy McAlpin (hereinafter the defendant) and others. The defendant did not answer or appear in the action, and in February 2014, the plaintiff moved, inter alia, for leave to enter...

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