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NATIONSTAR MORTGAGE, LLC v. AVELLA

2015-06667, Index No. 67867/13.

142 A.D.3d 594 (2016)

36 N.Y.S.3d 679

NATIONSTAR MORTGAGE, LLC, Respondent, v. MARJORIE AVELLA, Also Known as MARJORIE A. AVELLA, Individually and as Surviving Spouse of ALEXANDER A. AVELLA, JR., Deceased, Appellant, et al., Defendants.

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

Decided August 17, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

In October 2013, the plaintiff commenced this action to foreclose a mortgage. The defendant Marjorie Avella (hereinafter the defendant) failed to timely appear or answer the complaint (see CPLR 320 [a]). Thereafter, in March 2014, the defendant, through counsel, served an answer, which alleged, as an affirmative defense, that the plaintiff lacked standing to commence this action. The plaintiff...

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