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BANK OF AMERICA, N.A. v. UNKNOWN HEIRS OF THE ESTATE OF HAGGLUND

2018-08853. Index No. 62351/14.

192 A.D.3d 855 (2021)

140 N.Y.S.3d 741

2021 NY Slip Op 08217

Bank of America, N.A., Respondent, v. Unknown Heirs of the Estate of Hagglund et al., Defendants, and "John Doe" et al., Appellants.

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

Decided March 17, 2021.

Attorney(s) appearing for the Case

John Sebastian Vaneria , New York, NY, for appellants.

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas of counsel), for respondent.

Chambers, J.P., Miller, Duffy and Christopher, JJ., concur.

Ordered that the appeal is dismissed, with costs.

In March 2014, the plaintiff commenced this action to foreclose on a mortgage. Thereafter, the plaintiff moved, inter alia, for summary judgment on the second amended complaint and for an order of reference. The defendants Bela Scott and Tamara Mebonia, who were sued herein as "John Doe" and "Jane Doe" and had joined issue in the action, attempted to file opposition papers, which were rejected as untimely by the plaintiff...

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