DEUTSCHE BANK NATL. TRUST CO. v. BURNETT

2018-10724. Index No. 502388/14.

194 A.D.3d 908 (2021)

144 N.Y.S.3d 363

2021 NY Slip Op 03163

Deutsche Bank National Trust Company, Respondent, v. Alfa Burnett et al., Defendants, and Diana Burnett, Appellant.

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

Decided May 19, 2021.


Attorney(s) appearing for the Case

Bruce S. Reznick, P.C., Brooklyn, NY ( Thomas Torto of counsel), for appellant.

Hinshaw & Culbertson, LLP, New York, NY ( Brian McGrath of counsel), for respondent.

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


Ordered that the order dated July 5, 2018, is affirmed insofar as appealed from, with costs.

In 2014, the plaintiff commenced this action against the defendant Diana Burnett (hereinafter the defendant), among others, to foreclose a mortgage on residential property in Brooklyn. The defendant failed to answer or appear, and the plaintiff obtained an order of reference on default. After the defendant successfully moved to vacate the default order of reference on the...

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