WELLS FARGO BANK, NA v. BURSHSTEIN

2017-04685, Index No. 29704/09.

172 A.D.3d 1437 (2019)

2019 NY Slip Op 04224

Wells Fargo Bank, NA, Respondent, v. Gene Burshstein, Appellant, et al., Defendants.

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

Decided May 29, 2019.


Ordered that the order dated January 30, 2017, is affirmed insofar as appealed from, with costs.

On November 23, 2009, the plaintiff commenced this action against the defendant Gene Burshstein (hereinafter the defendant), among others, to foreclose a mortgage on property located at 2127 Flatbush Avenue in Brooklyn. One affidavit of service indicated that the defendant was served with copies of the summons and complaint pursuant to CPLR 308 (4) on December 2, 2009...

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