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WILMINGTON TRUST, N.A. v. KIM

2018-11701, 2018-11702. Index No. 503212/16.

189 A.D.3d 1132 (2020)

133 N.Y.S.3d 829

2020 NY Slip Op 07430

Wilmington Trust, National Association, Respondent, v. Andy Kim, 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

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellant.

McCalla Raymer Leibert Pierce, New York, NY ( Brian P. Scibetta and Charles H. Jeanfreau of counsel), for respondent.

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

Ordered that the orders are reversed insofar as appealed from, on the law, with one bill of costs, those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Andy Kim and for an order of reference are denied, and that branch of the cross motion of the defendant Andy Kim which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned is...

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