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DEUTSCHE BANK NATIONAL TRUST COMPANY v. VILFRANC

2016-03236, Index No. 7919/09.

157 A.D.3d 766 (2018)

66 N.Y.S.3d 891

2018 NY Slip Op 00274

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for HASCO MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2, Appellant, v. BERTHA VILFRANC, Respondent, et al., Defendants.

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

Decided January 17, 2018.

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

The plaintiff commenced this action against the defendant Bertha Vilfranc (hereinafter the defendant), among others, to foreclose a mortgage. The defendant failed to interpose a timely answer to the complaint. The plaintiff moved for a default judgment and an order of reference, and the defendant opposed the motion and cross-moved, inter alia, pursuant to CPLR 3211 (a) (8) to dismiss the complaint...

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