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U.S. BANK N.A. v. BENITEZ

2020-02626. Index No. 533/14.

211 A.D.3d 765 (2022)

2022 NY Slip Op 06952

U.S. Bank National Association, Respondent, v. Richard Benitez, Appellant, et al., Defendants.

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

Decided December 7, 2022.

Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( James Tierney , Serge F. Petroff , and Steven Amshen of counsel), for appellant.

Leopold & Associates, PLLC (Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, NY [ Keith L. Abramson ], of counsel), for respondent.

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

In an action to foreclose a mortgage, the defendant Richard Benitez appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered August 22, 2019. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for leave to enter a default judgment against that defendant and for an order of reference and, in effect, denied that defendant's cross motion pursuant to CPLR 3215(c) to dismiss the complaint insofar as...

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