BANK OF AM., N.A. v. GENZLER

2017-08924. Index No. 34620/08.

188 A.D.3d 634 (2020)

133 N.Y.S.3d 645

2020 NY Slip Op 06235

Bank of America, N.A., Appellant, v. Shmuel Genzler, Respondent, et al., Defendants.

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

Decided November 4, 2020.


Ordered that the order dated May 24, 2017, is affirmed, with costs.

In December 2008, the plaintiff commenced this action to foreclose a mortgage given by the defendant Shmuel Genzler (hereinafter the defendant) encumbering certain property located in Brooklyn. According to an affidavit of service, the plaintiff's process server purportedly served the defendant pursuant to CPLR 308(2) by delivering a copy of the summons and complaint to a person of suitable age and...

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