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BANK OF N.Y. MELLON v. GENOVA

2016-05823 Index No. 130482/12.

159 A.D.3d 1009 (2018)

74 N.Y.S.3d 64

2018 NY Slip Op 02179

BANK OF NEW YORK MELLON, Formerly Known as THE BANK OF NEW YORK, as Successor to JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, as Successor to BANK ONE, NATIONAL ASSOCIATION, as Trustee for CREDIT SUISSE FIRST BOSTON, MORTGAGE PASS-THROUGH CERTIFICATE, SERIES 2003-29, Respondent, v. JOSEPH GENOVA, Also Known as JOSEPH GENOVA, JR., Appellant, et al., Defendants.

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

Decided March 28, 2018.

Ordered that the order and judgment of foreclosure and sale is affirmed insofar as appealed from, with costs.

In June 2012, the plaintiff commenced this action against, among others, Joseph Genova, also known as Joseph Genova, Jr. (hereinafter the defendant), to foreclose a mortgage. The defendant failed to appear or answer the complaint. In January 2014, the plaintiff moved for an order of reference. The defendant, pro se, cross-moved to compel the plaintiff to accept...

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