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WILMINGTON SAVINGS FUND SOCY., FSB v. RODRIGUEZ

2019-04024. Index No. 15695/11.

197 A.D.3d 784 (2021)

150 N.Y.S.3d 600

2021 NY Slip Op 04784

Wilmington Savings Fund Society, FSB, Appellant, v. Transito Rodriguez et al., Defendants, and Daniel Echevarria, Respondent.

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

Decided August 25, 2021.

Attorney(s) appearing for the Case

Borchert & LaSpina, P.C., Whitestone, NY ( Edward A. Vincent of counsel), for appellant.

Esagoff Law Group, P.C., Great Neck, NY ( Janet Nina Esagoff of counsel), for respondent.

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

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion of the defendant Daniel Echevarria to vacate the judgment of foreclosure and sale and to compel the plaintiff to accept his late answer is denied, and the judgment of foreclosure and sale is reinstated.

On December 27, 2004, the defendant Transito Rodriguez purchased the subject property, located in Elmhurst, from nonparty...

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