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DEUTSCHE BANK NATL. TRUST CO. v. GOUIN

Index No. 36590/19E. Appeal No. 13793. Case No. 2020-01990.

194 A.D.3d 479 (2021)

143 N.Y.S.3d 554

2021 NY Slip Op 02983

Deutsche Bank National Trust Company, as Trustee for HSI Asset Loan Obligation Trust 2007-2, Respondent, v. Carline M. Gouin, Appellant.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Bronx Legal Services, Bronx ( Irvin M. Schwartz of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York ( Jane H. Torcia of counsel), for respondent.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.

Plaintiff originally commenced a foreclosure action against defendant in 2012. Defendant did not answer and, instead, the parties entered into settlement discussions over the course of years. In late 2017, after settlement discussions proved unsuccessful, plaintiff moved for entry of a default judgment and an order of reference. By order entered August 6, 2018, the court denied plaintiff's motion and sua sponte dismissed the action...

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