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REAL ESTATE MTGE. NETWORK, INC. v. PRETTO

2017-01917, Index No. 19492/12.

172 A.D.3d 768 (2019)

97 N.Y.S.3d 496

2019 NY Slip Op 03390

Real Estate Mortgage Network, Inc., Appellant, v. Ernest Pretto, Respondent, et al., Defendants.

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

Decided May 1, 2019.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for a determination on the merits of the plaintiff's motion.

The plaintiff commenced this action against the defendant Ernest Pretto (hereinafter the defendant), among others, to foreclose a mortgage on certain property located in Queens. The defendant interposed an answer. In an order dated May 5, 2015, the Supreme Court granted the plaintiff...

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