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HSBC BANK USA, N.A. v. GARNES

2018-13569. Index No. 23235/11.

186 A.D.3d 1620 (2020)

129 N.Y.S.3d 819

2020 NY Slip Op 05189

HSBC Bank USA, National Association, Respondent, v. Eric Garnes, Appellant, et al., Defendants.

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

Decided September 30, 2020.

Ordered that the order dated September 24, 2018, is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage in October 2011. On March 2, 2017, the Supreme Court issued a conditional order of dismissal, dismissing the action pursuant to CPLR 3216 and directing the County Clerk to cancel the notice of pendency "unless [the] plaintiff files a note of issue or otherwise proceeds by motion for entry of judgment within 90 days from the date hereof...

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