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U.S. BANK TRUST, N.A. v. GUERRA

2019-05632. Index No. 707294/14.

189 A.D.3d 1113 (2020)

133 N.Y.S.3d 852

2020 NY Slip Op 07420

U.S. Bank Trust, N.A., Appellant, v. Pedro Guerra et al., Defendants, and SunTrust Mortgage, Inc., Respondent.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Friedman Vartolo LLP, New York, NY ( Zachary Gold and Oran Schwager of counsel), for appellant.

McLaughlin & Stern, LLP, Great Neck, NY ( James A. Bradley of counsel), for respondent.

Chambers, J.P., Cohen, LaSalle and Iannacci, JJ. concur.

Ordered that the order is affirmed, with costs.

On June 6, 2017, the plaintiff in this mortgage foreclosure action served a supplemental summons and second amended complaint upon the defendant SunTrust Mortgage, Inc. (hereinafter SunTrust), by delivery to its registered agent for service of process. After unsuccessfully seeking an extension of time to answer the complaint from the plaintiff's counsel, SunTrust served an answer to the second amended complaint on December...

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