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HSBC BANK USA, N.A. v. HUTCHINSON

2020-07310. Index No. 16333/12.

215 A.D.3d 645 (2023)

187 N.Y.S.3d 275

2023 NY Slip Op 01782

HSBC Bank USA, N.A., Respondent, v. Stephen Hutchinson, Appellant, et al., Defendants.

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

Decided April 5, 2023.

Attorney(s) appearing for the Case

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

Adam Leitman Bailey, P.C., New York, NY ( Jackie Halpern Weinstein of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Zayas, JJ., concur.

In an action to foreclose a mortgage, the defendant Stephen Hutchinson appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated November 13, 2019. The order, insofar as appealed from, granted the plaintiff's motion pursuant to CPLR 5015(a)(1) to vacate an order of the same court dated August 2, 2018, directing dismissal of the complaint upon the plaintiff's failure to appear at a scheduled conference and to restore the action to the active calendar...

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