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U.S. BANK N.A. v. ITSHAK

2018-10684. Index No. 23065/09.

189 A.D.3d 919 (2020)

133 N.Y.S.3d 491

2020 NY Slip Op 07241

U.S. Bank National Association, Respondent, v. Azaria Ben Itshak, 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

Berger Fink LLP, New York, NY ( Jason M. Fink and Leslie Perez-Bennie of counsel), for appellant.

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for respondent.

Balkin, J.P., Leventhal, Barros and Wooten, JJ., concur.

Ordered that the order entered June 12, 2018, is affirmed insofar as appealed from, with costs.

In 2009, the plaintiff commenced the instant foreclosure action against, among others, the defendant Azaria Ben Itshak (hereinafter the defendant). The defendant failed to answer the complaint or otherwise appear in the action. In 2014, the plaintiff moved for an order of reference upon the defendant's default. The defendant opposed the motion and cross-moved to dismiss...

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