BANK OF N.Y. v. ARDEN

2015-01002, Index No. 29446/05.

140 A.D.3d 1099 (2016)

35 N.Y.S.3d 388

2016 NY Slip Op 05106

BANK OF NEW YORK, as Trustee for the CERTIFICATE HOLDERS CWABS, INC. ASSET-BACKED CERTIFICATE SERIES, Appellant, v. WILLIAM C. ARDEN et al., Defendants.

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

Decided June 29, 2016.


Ordered that the order is reversed, on the law, without costs or disbursements, and the plaintiff's motion to restore the action to active status and to refer the action to the settlement conference part is granted.

The plaintiff commenced this foreclosure action in 2005 and, following the defendants' default, obtained an order of reference in 2007. Thereafter, in late 2011, at a time when the plaintiff was securing new...

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