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FREMONT INVESTMENT & LOAN v. FAUSTA

2016-04238. Index No. 33307/07.

164 A.D.3d 1314 (2018)

83 N.Y.S.3d 620

2018 NY Slip Op 06084

Fremont Investment and Loan, Plaintiff, v. Yves Fausta et al., Defendants, and Bertha Fausta, Appellant. HSBC Bank USA, National Association, Nonparty Respondent.

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

Decided September 19, 2018.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and that branch of the motion of nonparty HSBC Bank USA, National Association, which was to vacate the dismissal of the action and restore the action to the calendar is denied.

In this action to foreclose a mortgage, the Supreme Court, in an order, conditionally dismissed the action pursuant to CPLR 3216, as more than one year...

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