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DEUTSCHE BANK NATL. TRUST CO. v. CHUNG

380266/11. Appeal No. 13804. Case No. 2019-03527.

194 A.D.3d 478 (2021)

143 N.Y.S.3d 555

2021 NY Slip Op 02982

Deutsche Bank National Trust Company, as Indenture Trustee for New Century Home Equity Loan Trust 2005-2, Respondent, v. Wendell Chung, Appellant, et al., Defendants.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Hass & Gottlieb, Scarsdale ( Lawrence M. Gottlieb of counsel), for appellant.

Shapiro, DiCaro & Barak, LLC, Rochester ( Ellis M. Oster of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Singh, JJ.

The court correctly confirmed the report of the Special Referee recommending that it find that defendant was properly served, which was supported by the record of the traverse hearing (see Plaza Funding Corp. v J.C. Dev. Corp., 155 A.D.2d 298 [1st Dept 1989]; cf. Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 11 N.Y.3d 843, 845 [2008]). Plaintiff presented the process...

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