PENA v. DEUTSCHE BANK NATL. TRUST CO.

2017-12585. Index No. 520925/16.

192 A.D.3d 697 (2021)

139 N.Y.S.3d 564

2021 NY Slip Op 01266

Jovanny Pena, Appellant, v. Deutsche Bank National Trust Company, Respondent.

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

Decided March 3, 2021.


Attorney(s) appearing for the Case

Solomon Rosengarten , Brooklyn, NY, for appellant.

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Michael L. Curey of counsel), for respondent.

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


Ordered that the order is affirmed, with costs.

In 2006, the plaintiff's predecessor in interest executed a mortgage on real property located in Brooklyn, as security for a note. In 2008, the defendant commenced an action to foreclose the mortgage, in which it called due the entire loan. Issue was never joined in the action. In 2014, the foreclosure action was marked disposed, apparently due to the failure to appear for a status conference.

In 2016, the plaintiff...

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