ONEWEST BANK, FSB v. VILLAFANA

2018-10332. Index No. 18002/09.

187 A.D.3d 1201 (2020)

134 N.Y.S.3d 443

2020 NY Slip Op 06134

OneWest Bank, FSB, Respondent, v. Roland A. Villafana et al., Appellants.

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

Decided October 28, 2020.


Ordered that the order is affirmed, with costs.

In July 2009, the plaintiff commenced this action against the defendants to foreclose a mortgage encumbering certain real property in Brooklyn. The defendants allegedly were served at the mortgaged premises pursuant to CPLR 308(2) on July 25, 2009. The defendants did not answer the complaint. Nevertheless, they participated in numerous settlement conferences pursuant to CPLR...

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