195-197 HEWES, LLC v. CITIMORTGAGE, INC.

2021-02487. Index No. 516578/18.

208 A.D.3d 827 (2022)

174 N.Y.S.3d 745

2022 NY Slip Op 05065

195-197 Hewes, LLC, Appellant, v. Citimortgage, Inc., Respondent.

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

Decided August 31, 2022.


Attorney(s) appearing for the Case

Law Office of Samuel Katz, PLLC, Brooklyn, NY ( Joseph J. Schwartz of counsel), for appellant.

Locke Lord, LLP, New York, NY ( Jeffrey S. Kramer , William D. Foley, Jr. , and Harry K. Tiwari of counsel), for respondent.

Connolly, J.P., Rivera, Dowling and Voutsinas, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant's cross motion, in effect, to vacate its default in answering the complaint and to compel the plaintiff to accept its late answer, and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

In August 2018, the plaintiff commenced this action pursuant to RPAPL 1501(4) to cancel and discharge...

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