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ONEWEST BANK, FSB v. McKAY

2017-05267, Index No. 30557/09.

172 A.D.3d 887 (2019)

97 N.Y.S.3d 878

2019 NY Slip Op 03607

Onewest Bank, FSB, Appellant, v. Michael McKay, Respondent, et al., Defendants.

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

Decided May 8, 2019.

Ordered that the order is affirmed, with costs.

This action to foreclose a mortgage given by the defendant Michael McKay (hereinafter the defendant) to secure a loan against real property in Brooklyn was commenced in December 2009. The plaintiff's motion for an order of reference was denied without prejudice in an order dated May 8, 2012. Thereafter, in an order dated February 20, 2014, the Supreme Court, inter alia, conditionally dismissed the action pursuant to...

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