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HSBC BANK USA, N.A. v. NELSON

2017-09840. Index No. 19374/13.

194 A.D.3d 700 (2021)

143 N.Y.S.3d 594

2021 NY Slip Op 02789

HSBC Bank USA, National Association, Respondent, v. Fabienne Nelson, Appellant, et al., Defendants.

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

Decided May 5, 2021.

Attorney(s) appearing for the Case

Fabienne Nelson, Brooklyn, NY, appellant pro se.

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY ( Megan K. McNamara and Rajdai Singh of counsel), for respondent.

Chambers, J.P., Austin, Brathwaite Nelson and Iannacci, JJ., concur.

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

In 2013, the plaintiff commenced this action to foreclose a mortgage against, among others, the defendant Fabienne Nelson. Nelson did not answer the complaint. In May 2015, the plaintiff moved for leave to enter a default judgment and for an order of reference. Nelson opposed the motion, arguing that the plaintiff failed to establish standing or compliance with conditions precedent...

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