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NATIONSTAR MTGE. LLC v. McCALLUM

Index No. 382890/09. Appeal Nos. 13083-13083A. Case No. 2019-04246.

191 A.D.3d 480 (2021)

142 N.Y.S.3d 156

2021 NY Slip Op 00806

Nationstar Mortgage LLC, Respondent, v. Clevon McCallum et al., Appellants, et al., Defendants.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Joseph A. Altman P.C., Bronx ( Joseph A. Altman of counsel), for appellants.

McCalla Raymer Leibert Pierce, LLC, New York ( Charles H. Jeanfreau of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.

On December 17, 2009, plaintiff commenced this foreclosure action. Defendant Nicola McCallum was purportedly served with the summons and complaint on December 30, 2009 pursuant to CPLR 308(2). On or about October 4, 2013, an order of reference was entered in the foreclosure action, and a judgment of foreclosure sale was entered on May 15, 2015. On October 26, 2015, defendant moved, by order to show cause, to vacate the order of reference and judgment of foreclosure and sale...

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