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NATIONSTAR MTGE., LLC v. RETEMIAH

2019-01338. Index No. 4843/10.

195 A.D.3d 628 (2021)

149 N.Y.S.3d 505

2021 NY Slip Op 03461

Nationstar Mortgage, LLC, Respondent, v. Paul Retemiah, Appellant, et al., Defendants.

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

Decided June 2, 2021.

Attorney(s) appearing for the Case

Balisok & Kaufman, PLLC, Brooklyn, NY ( Jesse L. Kaufman of counsel), for appellant.

Akerman LLP, New York, NY ( Jordan M. Smith of counsel), for respondent.

Dillon, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the order dated December 27, 2018, is affirmed, with costs.

In 2010, the plaintiff commenced this action to foreclose a mortgage encumbering certain real property located in Kings County, and issue was joined. On January 28, 2014, the Supreme Court issued a conditional order of dismissal which stated that "this action is dismissed pursuant to CPLR 3216 and the County Clerk is directed to cancel the Notice of

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