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U.S. BANK N.A. v. DIEZ

2018-00587. Index No. 5656/08.

189 A.D.3d 1510 (2020)

134 N.Y.S.3d 741

2020 NY Slip Op 07943

U.S. Bank National Association, Appellant, v. Gildardo Diez, Respondent, et al., Defendants.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Aldridge Pite, LLP, Melville, NY ( Douglas S. Thaler and Kenneth M. Sheehan of counsel), for appellant.

Brian McCaffrey , Attorney at Law, P.C., Jamaica, NY, for respondent.

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

Ordered that the order dated November 15, 2017, is reversed, on the law, with costs, and the plaintiff's motion to vacate the April 20, 2017 order and restore the action to the calendar is granted.

The failure to be notified of a court appearance is fatal to the finding of a default (see Matter of 542 A Realty, LLC, 118 A.D.3d 993, 994 [2014]). "Without such notice, [a] plaintiff's failure to appear ... could not qualify...

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