BANK OF N.Y. MELLON v. POSKITT

2018-04564. Index No. 706536/16.

187 A.D.3d 832 (2020)

130 N.Y.S.3d 734

2020 NY Slip Op 05714

Bank of New York Mellon, Appellant, v. Todd Poskitt, Respondent, et al., Defendants.

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

Decided October 14, 2020.


Ordered that the order entered February 7, 2018, is reversed insofar as appealed from, on the facts and in the exercise of discretion, without costs or disbursements, and that branch of the plaintiff's unopposed motion which was to vacate the order dated May 26, 2017, is granted.

The plaintiff commenced this action in 2016 to foreclose a mortgage on certain real property in Queens. Pursuant to a status conference order dated October 21, 2016, the plaintiff was directed...

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