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DUGGER v. CONRAD

Index No. 156911/16. Appeal No. 12360. Case No. 2019-2397.

189 A.D.3d 478 (2020)

138 N.Y.S.3d 7

2020 NY Slip Op 07313

Adrienne Dugger, Appellant, v. Barbara Smith Conrad, Also Known as Barbara Louis Smith, et al., Respondents, et al., Defendant.

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

Decided December 8, 2020.

Attorney(s) appearing for the Case

Law Offices of Jeffrey A. Asher, PLLC, New York ( Jeffrey A. Asher of counsel), for appellant.

d'Arcambal Ousley & Cuyler Burk LLP, New York ( Michelle J. d'Arcambal of counsel), for MetLife Bank, N.A MetLife Inc., MetLife Home Loans, LLC, and EverBank Reverse Mortgage LLC, respondents.

Dorf & Nelson LLP, Rye ( Jonathan B. Nelson of counsel), for Wilmington Savings Fund Society FSB and Reverse Mortgage Solutions, Inc., respondents.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

Patricia Sage and Barbara Conrad, both now deceased, were formerly tenants-in-common of a condominium apartment located in Manhattan. Plaintiff is the preliminary executor for the estate of Sage, in this action to quiet title. Defendant Conrad, who never answered or appeared in this action, passed away on May 22, 2017, thus automatically staying the proceedings. No party has been substituted for her. On or about September 20, 2018, the remaining defendants in this case, various...

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