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WELLS FARGO BANK, N.A. v. LOPEZ

2020-02349. Index No. 6810/09.

214 A.D.3d 844 (2023)

185 N.Y.S.3d 278

2023 NY Slip Op 01321

Wells Fargo Bank, N.A., Respondent, v. Guillermo Lopez, Appellant, et al., Defendants.

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

Decided March 15, 2023.

Attorney(s) appearing for the Case

Charles Wallshein , Melville, NY, for appellant.

Hinshaw & Culbertson, LLP, New York, NY ( Fernando C. Rivera-Maissonet and Schuyler B. Kraus of counsel), for respondent.

Connolly, J.P., Miller, Wooten and Wan, JJ., concur.

In an action to foreclose a mortgage, the defendant Guillermo Lopez appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered December 20, 2019. The order granted the plaintiff's motion pursuant to CPLR 5015(a) to vacate an order of the same court (Kathryn D. Hopkins, Ct. Atty. Ref.) dated September 12, 2012, sua sponte, directing dismissal of the complaint as abandoned pursuant to CPLR 3215(c), and to restore the action to the active calendar...

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