BANK OF AMERICA, N.A. v. ALI

2019-05181. Index No. 11869/09.

202 A.D.3d 726 (2022)

2022 NY Slip Op 00838

Bank of America, N.A., Appellant, v. Mohammed Ali, Respondent, et al., Defendants.

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

Decided February 9, 2022.


Attorney(s) appearing for the Case

Leopold & Associates, PLLC, Armonk, NY ( Stephanie Rojas of counsel), for appellant.

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

Dillon, J.P., Connolly and Miller, JJ., concur.


Ordered that the order dated April 4, 2019, is reversed, on the law, with costs, and the plaintiff's motion to vacate the order dated July 30, 2013, conditionally dismissing the action, and to restore the action to the active calendar is granted.

In or about May 2009, the plaintiff commenced this action to foreclose a mortgage on certain real property located in Brooklyn against, among others, the defendant Mohammed Ali (hereinafter the defendant). On July 30, 2013...

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