FEDERAL NATL. MTGE. ASSN. v. DAVID

9380, 159921/14.

172 A.D.3d 572 (2019)

102 N.Y.S.3d 167

2019 NY Slip Op 03933

Federal National Mortgage Association, Appellant, v. Cohn David, Also Known as David Cohn, Respondent, et al., Defendants.

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

Decided May 21, 2019.


Plaintiff never objected to or preserved for appeal that portion of defendants' order to show cause seeking consolidation of the 2009 and 2014 foreclosure actions, and even requested such relief itself. Upon consideration of this issue, the dismissal of the 2014 foreclosure action was permissible since the 2009 foreclosure action had been withdrawn by stipulation, the actions had common questions of law and fact, and plaintiff did not demonstrate a clear abuse of discretion...

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