DEUTSCHE BANK NATL. TRUST CO. v. ALLENSTEIN

2018-01104, 2018-01105. Index No. 3561/10.

201 A.D.3d 783 (2022)

162 N.Y.S.3d 389

2022 NY Slip Op 00300

Deutsche Bank National Trust Company, Respondent, v. Jeff Allenstein et al., Defendants. Contact Holdings Corp., Nonparty Appellant.

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

Decided January 19, 2022.


Attorney(s) appearing for the Case

Warner & Scheuerman, New York, NY ( Karl E. Scheuerman and Jonathon D. Warner of counsel), for nonparty-appellant.

Leopold & Associates, PLLC (Greenberg Traurig, LLP, New York, NY [ Ryan Sirianni , Leah N. Jacob , and Patrick G. Broderick ], of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Christopher and Zayas, JJ., concur.


Ordered that the orders are reversed insofar as appealed from, on the law and in the exercise of discretion, with one bill of costs, those branches of the plaintiff's motion which were for leave to enter a default judgment and for an order of reference are denied, and the cross motion of nonparty Contact Holdings Corp. for leave to intervene in the action and to dismiss the complaint as abandoned is granted.

In August 2005, the defendant Jeff Allenstein obtained a...

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