US BANK, N.A. v. SAMUEL

2014-02670, 2014-04651, Index No. 100283/08.

138 A.D.3d 1105 (2016)

30 N.Y.S.3d 305

2016 NY Slip Op 03163

US BANK, N.A., as Trustee for the BNC MORTGAGE LOAN TRUST 2006-1, 3476 STATEVIEW BOULEVARD, FT. MILL, SC 29715, Appellant, v. LILLIAN SAMUEL, Respondent, et al., Defendants.

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

Decided April 27, 2016.


In an action to foreclose a mortgage, the plaintiff appeals (1) from an order of the Supreme Court, Richmond County (Fusco, J.), dated December 17, 2013, which, in effect, denied its motion for leave to enter a default judgment of foreclosure and sale and, pursuant to CPLR 2001 and 5019 (a), to substitute, nunc pro tunc, a newly signed affidavit of merit and of the amount due in place of that which had been attached to the plaintiff's application for an order of reference...

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