U.S. BANK N.A. v. ROBERTS

2020-09203 Index No. 709319/14.

216 A.D.3d 1038 (2023)

190 N.Y.S.3d 400

2023 NY Slip Op 02701

U.S. Bank N.A., as Trustee for Truman 2013 SC4 Title Trust, Respondent, v. Joseph Roberts et al., Appellants, et al., Defendants.

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

Decided May 17, 2023.


Attorney(s) appearing for the Case

Charles Wallshein Esq. PLLC, Melville, NY, for appellants.

Friedman Vartolo LLP, New York, NY ( Ronald P. Labeck of counsel), for respondent.

Brathwaite Nelson, J.P., Zayas, Ford and Voutsinas, JJ., concur.


In an action to foreclose a mortgage, the defendants Joseph Roberts, Delores Brunsen, and Phillip G. Copeland appeal from an order of the Supreme Court, Queens County (Mojgan C. Lancman, J.), dated May 7, 2020. The order, insofar as appealed from, granted the plaintiff's motion, in effect, to vacate an order of the same court dated June 17, 2019, directing dismissal of the action pursuant to 22 NYCRR 202.27(b), upon the plaintiff's default in appearing for a status conference...

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