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DEUTSCHE BANK NATL. v. OLIVER

SP 06714/08

24 Misc.3d 838 (2009)

879 N.Y.S.2d 674

DEUTSCHE BANK NATIONAL TRUST CO., as Indenture Trustee for NEW CENTURY HOME EQUITY LOAN TRUST, SERIES 2006-1, Petitioner, v. TESSA OLIVER et al., Respondents.

District Court of Nassau County, First District.

Decided March 27, 2009.

Attorney(s) appearing for the Case

Ezratty, Ezratty & Levine, Mineola, for plaintiff.

Judith A. Lawrence, defendant pro se.

OPINION OF THE COURT

MICHAEL A. CIAFFA, J.

Decision Denying Ex Parte Order

In an era when tent cities and new Hoovervilles are rising from the ashes of a foreclosure crisis all across America (New York Times, Mar. 26, 2009, at 1), the petitioner, Deutsche Bank National Trust Co., asserts a direct legal challenge to the court's equitable authority to consider a request for "more time" by a family facing a postforeclosure eviction. For the reasons...

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