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CITIMORTGAGE, INC. v. MORAN

850110/19. Appeal No. 12259. Case No. 2020-02011.

188 A.D.3d 407 (2020)

135 N.Y.S.3d 378

2020 NY Slip Op 06345

CitiMortgage, Inc., Appellant, v. Trevor C. Moran, Respondent, et al., Defendants.

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

Decided November 5, 2020.

This action was timely brought within six months after this Court dismissed plaintiff's first foreclosure action, "without prejudice," for failure "to establish a presumption that it properly served defendant with RPAPL 1304 notice through proof either of actual mailing or of a standard office practice or procedure for proper addressing and mailing" (CitiMortgage, Inc. v Moran, 167 A.D.3d 461, 461 [1st Dept 2018]; see CPLR...

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