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US BANK N.A. v. LAWRENCE

2018-10960. Index No. 28095/07.

191 A.D.3d 929 (2021)

138 N.Y.S.3d 380

2021 NY Slip Op 01087

US Bank National Association, Respondent, v. Wilbert Lawrence, Appellant, et al., Defendants.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

Davis, Ndanusa, Ikhlas & Saleem, LLP, Brooklyn, NY ( Mustapha Ndanusa of counsel), for appellant.

Reed Smith LLP, New York, NY ( Andrew B. Messite and Melissa A. Brown of counsel), for respondent.

Rivera, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the order and judgment of foreclosure and sale is affirmed, with costs.

Contrary to the appellant's contentions, he failed to establish that he did not receive actual notice of the summons in time to defend the action pursuant to CPLR 317, or that he had a reasonable excuse for his delay in appearing or answering the complaint pursuant to CPLR 3012(d) (see Greenwood Realty Co. v Katz, 187 A.D.3d 1153, 1154 [2020]; HSBC Bank USA v Desrouilleres...

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