DEUTSCHE BANK NATL. TRUST CO. v. ATTARD

2019-08726. Index No. 2142/14.

197 A.D.3d 619 (2021)

153 N.Y.S.3d 92

2021 NY Slip Op 04698

Deutsche Bank National Trust Company, Respondent, v. Joseph A. Attard, Appellant, et al., Defendant.

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

Decided August 18, 2021.


Attorney(s) appearing for the Case

Fiscella & Associates, P.C., Garden City, NY ( James B. Fiscella of counsel), for appellant.

Greenberg Traurig, LLP, New York, NY ( Ryan Sirianni of counsel), for respondent.

Rivera, J.P., Austin, Duffy and Barros, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

On March 4, 2014, the plaintiff commenced this action to foreclose a mortgage. The defendant Joseph A. Attard (hereinafter the defendant) did not answer the complaint or otherwise appear in the action. Following mandatory foreclosure settlement conferences, the matter was released from the settlement conference part on January 22, 2016.

In September 2016, the plaintiff moved, inter alia...

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