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MORTGAGE ELEC. REGISTRATION SYS., INC. v. McVICAR

2018-04836. Index No. 2788/04.

203 A.D.3d 915 (2022)

161 N.Y.S.3d 804

2022 NY Slip Op 01782

Mortgage Electronic Registration Systems, Inc., Respondent, v. John P. McVicar, Appellant, et al., Defendant. (And a Third-Party Action.).

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

Decided March 16, 2022.

Attorney(s) appearing for the Case

John P. McVicar, East Hampton, NY, appellant pro se.

Davidson Fink, LLP, Rochester, NY ( Richard N. Franco of counsel), for respondent.

Connolly, J.P., Chambers, Roman and Genovesi, JJ., concur.

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

In 2004, the plaintiff commenced this action to foreclose a mortgage encumbering certain real property owned by the defendant John P. McVicar (hereinafter the defendant) in East Hampton. The defendant failed to timely answer the complaint. In June 2016, the defendant moved, inter alia, pursuant to CPLR 3215(c) to dismiss the complaint based on the plaintiff's failure to move for leave to enter...

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