FEDERAL NATL. MTGE. ASSN. v. SUAREZ

2017-10419. Index No. 22799/09.

189 A.D.3d 782 (2020)

133 N.Y.S.3d 495

2020 NY Slip Op 07166

Federal National Mortgage Association, Respondent, v. Rodolfo Suarez, Appellant, et al., Defendants.

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

Decided December 2, 2020.


Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellant.

RAS Boriskin, LLC, Westbury, NY ( Joseph F. Battista of counsel), for respondent.

Mastro, J.P., Miller, Maltese and Wooten, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to foreclose a mortgage given by the defendant Rodolfo Suarez (hereinafter the defendant). The defendant was personally served with the summons and complaint on August 26, 2009, but failed to timely respond thereto. The defendant appeared in this action by notice of appearance

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