CITIMORTGAGE, INC. v. ETIENNE

2018-00935, Index No. 14111/14.

176 A.D.3d 669 (2019)

107 N.Y.S.3d 695

2019 NY Slip Op 07048

CitiMortgage, Inc., Respondent, v. Marie Carmel Etienne, Appellant, et al., Defendants.

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

Decided October 2, 2019.


Attorney(s) appearing for the Case

C. Steve Okenwa, P.C., New York, NY ( Steve C. Okenwa of counsel), for appellant.

David A. Gallo & Associates LLP, Roslyn Heights, NY ( Jonathan M. Cohen and Jordan J. Manfro of counsel), for respondent.

Rivera, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion of the defendant Marie Carmel Etienne pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against her for failure to prosecute is granted.

This action, inter alia, to foreclose a mortgage was commenced on October 1, 2014. Nearly 14 months after the matter was released from the foreclosure settlement conference part on September 24, 2015, and...

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