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GMAC MTGE., LLC v. ORTIZ

10285N. 17112/07.

177 A.D.3d 421 (2019)

110 N.Y.S.3d 298

2019 NY Slip Op 08010

GMAC Mortgage, LLC, Appellant, v. Liza Ortiz et al., Defendants. Royal Realty of Kings, Inc., Nonparty Respondent.

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

Decided November 7, 2019.

Plaintiff waived its right to challenge the dismissal of this foreclosure action when it voluntarily discontinued the action in 2013 (see Onewest Bank, FSB v McKay, 172 A.D.3d 887, 888 [2d Dept 2019]). In any event, the motion, brought four years after the action was dismissed, was properly denied. Plaintiff failed to offer any reasonable excuse for its failure to appear at a 2013 scheduled court conference (see Diaz v Perlson, 168 A.D.3d 463...

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