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DEUTSCHE BANK NATL. TRUST CO. v. O'BRIEN

2017-10761. Index No. 603607/16.

175 A.D.3d 650 (2019)

2019 NY Slip Op 06379

Deutsche Bank National Trust Company, as Trustee for Residential Asset Securitization Trust Series 2006-A9CB Mortgage Pass-Through Certificates Series 2006-I, Respondent, v. Rosemary O'Brien, Appellant, et al., Defendants.

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

Decided August 28, 2019.

Ordered that the order is affirmed, with costs.

In 2010, the plaintiff commenced an action to foreclose a mortgage (hereinafter the prior action). After several years of inactivity in the prior action, the plaintiff commenced the instant action to foreclose the same mortgage on March 8, 2016. The complaint in the instant action alleged that "a prior action was commenced and [the] plaintiff intends it to be discontinued...

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