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DEUTSCHE BANK NATL. TRUST CO. v. SMITH

2019-05325. Index No. 64029/12.

191 A.D.3d 950 (2021)

143 N.Y.S.3d 386

2021 NY Slip Op 08167

Deutsche Bank National Trust Company, Appellant, v. Alice J. Smith et al., Defendants.

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

Decided February 24, 2021.

Attorney(s) appearing for the Case

McCabe, Weisberg & Conway, LLC, New Rochelle, NY ( Kenneth Britt of counsel), for appellant.

Rivera, J.P., Duffy, Iannacci and Wooten, JJ., concur.

Ordered that the order dated January 8, 2019, is reversed, on the law, without costs or disbursements, the plaintiff's motion to vacate the order dated October 2, 2017, directing dismissal of the complaint pursuant to CPLR 3216, and to restore the action to the calendar is granted, and the order dated October 2, 2017, is vacated.

In August 2012, the plaintiff commenced this action to foreclose a mortgage against, among...

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