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WILMINGTON TRUST CO. v. VALDIVIESO

2019-03980. Index No. 9594/08.

207 A.D.3d 783 (2022)

172 N.Y.S.3d 700

2022 NY Slip Op 04757

Wilmington Trust Company, Respondent, v. Manuel Valdivieso, Appellant, et al., Defendants.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

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

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY ( Joseph F. Battista and Leah Lenz , of counsel), for respondent.

Connolly, J.P., Christopher, Genovesi and Dowling, JJ., concur.

Ordered that the order dated February 6, 2019, is affirmed insofar as appealed from, with costs.

In March 2008, the plaintiff's predecessor in interest, First United Mortgage Banking Corp. (hereinafter First United), commenced this action to foreclose a mortgage against the defendant Manuel Valdivieso (hereinafter the defendant), among others. According to the affidavit of service, the defendant was personally served with the summons and complaint. The defendant failed...

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