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,
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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.https://leagle.com/images/logo.png
Decided March 10, 2020.
Decided March 10, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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