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QUADROZZI CONCRETE CORP. v. JAVASH REALTY, LLC

2016-10368. Index No. 3622/04.

164 A.D.3d 1491 (2018)

85 N.Y.S.3d 217

2018 NY Slip Op 06285

Quadrozzi Concrete Corporation Individual Account Plan and Trust, by its Successor and Assignee Theresa Quadrozzi, Self Directed IRA, Appellant, v. Javash Realty, LLC, Respondent, et al., Defendants.

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

Decided September 26, 2018.

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

In 2004, the plaintiff commenced this foreclosure action against Javash Realty, LLC (hereinafter Javash), among others. The defendants did not file an answer, nor were any other papers filed until the plaintiff filed an amended complaint in 2015. During that 11-year period, however, there were some communications between Javash and the plaintiff, including a 2007 letter from Javash's attorney...

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