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DEUTSCHE BANK NATIONAL TRUST COMPANY v. CAMPBELL

2020-09389. Index No. 10776/08.

219 A.D.3d 701 (2023)

195 N.Y.S.3d 75

2023 NY Slip Op 04303

Deutsche Bank National Trust Company, Appellant, v. Arthur Campbell, Respondent, et al., Defendants.

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

Decided August 16, 2023.

Attorney(s) appearing for the Case

Houser, LLP, New York, NY ( David S. Yohay and Kathleen M. Massimo of counsel), for appellant.

Iannacci, J.P., Genovesi, Dowling and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated October 26, 2020. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was, in effect, pursuant to CPLR 2221(a) to vacate an order of the same court dated September 17, 2013, among other things, sua sponte, directing dismissal of the complaint pursuant to CPLR 3215(c).

Ordered that the order dated...

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