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DEUTSCHE BANK NATL. TRUST CO. v. FITZSIMMONS

2019-02915. Index No. 1028/06.

193 A.D.3d 913 (2021)

2021 NY Slip Op 02379

Deutsche Bank National Trust Company, Respondent, v. Carol Fitzsimmons, Appellant, et al., Defendants.

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

Decided April 21, 2021.

Attorney(s) appearing for the Case

Long Tuminello, LLP, Bay Shore, NY ( Michelle Aulivola and Brittany Fiorenza of counsel), for appellant.

Duane Morris LLP, New York, NY ( Brett L. Messinger of counsel), for respondent.

Austin, J.P., Barros, Connolly and Iannacci, JJ., concur.

Ordered that the order dated January 16, 2019, is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage encumbering certain real property located in East Setauket (hereinafter the subject property). In January 2006, the defendant Carol Fitzsimmons (hereinafter the defendant) allegedly was served with process pursuant to CPLR 308(2), but failed to answer the complaint or otherwise appear in the action. In an order dated March 30, 2006, the...

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