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CITIMORTGAGE, INC. v. CLEMENT

2019-11854. Index No. 33152/07.

209 A.D.3d 971 (2022)

177 N.Y.S.3d 303

2022 NY Slip Op 05987

CitiMortgage, Inc., Respondent, v. Eugene Clement et al., Defendants. Toiny, LLC, Nonparty Appellant.

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Hasbani & Light, P.C., New York, NY ( Seth D. Weinberg of counsel), for nonparty-appellant.

J. Robbin Law PLLC, Armonk, NY ( Jacquelyn A. DiCicco and Jonathan M. Robbin of counsel), for respondent.

Iannacci, J.P., Rivera, Zayas and Taylor, JJ., concur.

In an action to foreclose a mortgage, nonparty Toiny, LLC, appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated August 1, 2019. The order, insofar as appealed from, granted that branch of the plaintiff's cross motion which was to vacate an order of the same court dated February 18, 2014, directing dismissal of the complaint upon the plaintiff's failure to appear at a status conference.

Ordered that the order dated August 1, 2019, is...

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