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PennyMAC CORP. v. 630 E. 38 CORP.

2019-08569. Index No. 518208/18.

189 A.D.3d 862 (2020)

133 N.Y.S.3d 449

2020 NY Slip Op 07210

PennyMac Corp., Appellant, v. 630 East 38 Corp., Respondent, et al., Defendants.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Blank Rome LLP, New York, NY ( Diana M. Eng and Jacquelyn A. DiCicco of counsel), for appellant.

Miller, Rosado & Algios, LLP, Garden City, NY ( Christopher Rosado , and Neil A. Miller of counsel), for respondent.

Balkin, J.P., Roman, Barros and Christopher, JJ., concur.

Ordered that the order is affirmed, with costs.

In this mortgage foreclosure action, the defendant 630 East 38 Corp. (hereinafter the defendant) moved to compel the plaintiff to accept service of its answer. In an order dated June 18, 2019, the Supreme Court granted the defendant's motion. The plaintiff appeals.

We agree with the Supreme Court's determination to grant the defendant's motion to compel the plaintiff to accept service of its answer. The defendant...

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