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ONEWEST BANK, FSB v. N&R FAMILY TRUST

2019-03977. Index No. 26760/10.

200 A.D.3d 900 (2021)

155 N.Y.S.3d 362

2021 NY Slip Op 07008

Onewest Bank, FSB, Respondent, v. N&R Family Trust et al., Appellants, et al., Defendants.

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

Decided December 15, 2021.

Attorney(s) appearing for the Case

Berg & David, PLLC, Brooklyn, NY ( Abraham David and Sholom Wohlgelernter , of counsel), for appellants.

Houser LLP, New York, NY ( Kathleen M. Massimo and Michael C. Hughes of counsel), for respondent.

Mastro, J.P., Brathwaite Nelson, Genovesi and Dowling, JJ., concur.

Ordered that the order dated February 20, 2019, is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action in 2010 to foreclose a mortgage. After issue was joined, but before a note of issue was filed, in an order dated November 22, 2016, the Supreme Court directed the plaintiff to make a motion for an order of reference within 90 days. The order also stated: "The failure to comply with this order will result in dismissal of the action....

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