DEUTSCHE BANK NATL. TRUST CO. v. IOVINO

2016-07338, Index No. 3282/11.

171 A.D.3d 1011 (2019)

98 N.Y.S.3d 604

2019 NY Slip Op 02850

Deutsche Bank National Trust Company, Respondent, v. Madeline Iovino et al., Appellants, et al., Defendants.

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

Decided April 17, 2019.


Ordered that the judgment of foreclosure and sale is reversed, on the law, with costs, that branch of the plaintiff's motion which was for leave to enter a default judgment against the defendants Madeline Iovino and Peter Iovino and for an order of reference is denied, that branch of the cross motion of those defendants which was pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against them as abandoned is granted, the order dated May 26, 2016, is modified...

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