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NATIONSTAR MTGE., LLC v. WILSON

2016-11490, Index No. 68700/14.

176 A.D.3d 1087 (2019)

111 N.Y.S.3d 98

2019 NY Slip Op 07595

Nationstar Mortgage, LLC, Respondent, v. Patricia Wilson et al., Defendants, and Russell Carbone, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Anthony J. Lopresti , Garden City, NY ( Gail M. Blasie of counsel), for appellant.

Akerman LLP, New York, NY ( Jordan M. Smith and Ashley S. Miller of counsel), for respondent.

Dillon, J.P., Cohen, Duffy and Christopher, JJ., concur.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion pursuant to CPLR 306-b for leave to extend its time to serve the defendant Russell Carbone with the summons and complaint is denied.

In March 2008, the defendant Patricia Wilson obtained a loan secured by a mortgage on certain real property located in Yonkers. Wilson allegedly defaulted on the loan in November 2008, and in August 2009, a foreclosure...

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