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U.S. BANK N.A. v. GONZAGA

2022-02636 Index No. 711412/15.

222 A.D.3d 694 (2023)

202 N.Y.S.3d 180

2023 NY Slip Op 06274

U.S. Bank National Association, Plaintiff, v. Jacinto Gonzaga, Appellant, et al., Defendants.

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

Decided December 6, 2023.

Attorney(s) appearing for the Case

Fadullon Dizon Krul, LLP, Jericho, NY ( Juan Paolo   F. Dizon and Alexander Krul of counsel), for appellant.

Duffy, J.P., Miller, Wooten and Love, JJ., concur.

In an action to foreclose a mortgage, the defendant Jacinto Gonzaga appeals from an order of the Supreme Court, Queens County (Timothy J. Dufficy, J.), entered April 6, 2022. The order denied that defendant's unopposed motion pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned.

Ordered that the order is reversed, on the law, without costs or disbursements, and the unopposed motion...

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