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HSBC BANK USA, N.A. v. SHAHID

2018-11219. Index No. 712174/16.

189 A.D.3d 1008 (2020)

133 N.Y.S.3d 876

2020 NY Slip Op 07359

HSBC Bank USA, N.A., Appellant, v. Abdul Shahid, Respondent, et al., Defendants.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

McCabe, Weisberg & Conway, LLC, Melville, NY ( Kenneth Britt of counsel), for appellant.

Peter M. Redmond , Bayside, NY, for respondent.

Mastro, J.P., Cohen, Duffy and Brathwaite Nelson, JJ., concur.

Ordered that the judgment is affirmed, with costs.

In 2008, the plaintiff's predecessor commenced an action (hereinafter the 2008 action) against, among others, the defendant Abdul Shahid (hereinafter the defendant) to foreclose the subject mortgage. By order entered July 2, 2013, the 2008 action was dismissed without prejudice for failure to comply with prior court orders. No appeal was taken from the July 2, 2013 order. By order entered March 2, 2016, the plaintiff...

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