U.S. BANK N.A. v. CADOO

2019-08783. Index No. 507655/14.

197 A.D.3d 588 (2021)

152 N.Y.S.3d 714

2021 NY Slip Op 04678

U.S. Bank National Association, Respondent, v. Donmackimber Cadoo et al., Appellants, et al., Defendants.

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

Decided August 11, 2021.


Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellants.

RAS Boriskin, LLC, Westbury, NY ( Joseph F. Battista and Leah Lenz of counsel), for respondent.

LaSalle, P.J., Hinds-Radix, Connolly and Christopher, JJ., concur.


Ordered that the order is affirmed, with costs.

This mortgage foreclosure action was commenced on August 20, 2014, and the affidavits of service in the record reflect that the defendant Donmackimber Cadoo was served with the summons and complaint pursuant to CPLR 308(2) in September 2014, and again by personal delivery outside of the state in December 2014. The plaintiff made an ex parte application on or about August 28, 2015, to permit service upon the defendant...

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