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WILMINGTON TRUST, NA v. GAWLOWSKI

2019-10945, 2019-10991. Index No. 26224/11.

189 A.D.3d 1521 (2020)

134 N.Y.S.3d 730

2020 NY Slip Op 07948

Wilmington Trust, NA, Respondent, v. Edward W. Gawlowski et al., Appellants.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Miller, Rosado & Algios, LLP, Garden City, NY ( Neil A. Miller and Christopher Rosado of counsel), for appellants.

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

Rivera, J.P., Austin, Cohen and Connolly, 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 defendants and for an order of reference are denied and that branch of the defendants' cross motion which was pursuant to CPLR 3215(c) to dismiss the complaint as abandoned is granted.

In August 2011, the plaintiff's predecessor...

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