U.S. BANK NATIONAL ASSOCIATION v. SHERWOOD

11236N, 35116/15E.

181 A.D.3d 469 (2020)

117 N.Y.S.3d 572

2020 NY Slip Op 01585

U.S. Bank National Association, Appellant, v. Gloria Sherwood, Respondent, et al., Defendants.

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

Decided March 10, 2020.


Defendant defaulted in answering the complaint and failed either to move to vacate the default or to compel plaintiff to accept a late answer. Accordingly, she is precluded from asserting plaintiff's purported failure to comply with RPAPL 1304 as a defense to this action (see JP Morgan Chase Bank v Dennis, 166 A.D.3d 530 [1st Dept 2018]; Deutsche Bank Natl. Trust Co. v Lopez, 148 A.D.3d 475

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