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WILMINGTON TRUST, N.A. v. ASHE

2018-11319. Index No. 607213/17.

189 A.D.3d 1130 (2020)

138 N.Y.S.3d 515

2020 NY Slip Op 07429

Wilmington Trust, National Association, Respondent, v. Carmen Ashe, Appellant, et al., Defendants.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Kupillas Unger & Benjamin, New York, NY ( Jeffrey Benjamin of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Chong S. Lim of counsel), for respondent.

Scheinkman, P.J., Dillon, LaSalle and Christopher, JJ. concur.

Ordered that the order is affirmed, with costs.

On April 18, 2017, the plaintiff commenced this action to foreclose a mortgage against the defendant Carmen Ashe (hereinafter the defendant), among others. The defendant's time to answer the complaint expired on June 8, 2017. The defendant attempted to serve her answer on June 20, 2017, but the plaintiff rejected it.

By notice of motion dated August 24, 2017, the defendant moved pursuant to CPLR 3012 to compel...

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