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TORRES v. RELY ON US, INC.

2015-08740. Index No. 14562/13.

165 A.D.3d 731 (2018)

84 N.Y.S.3d 268

2018 NY Slip Op 06587

Antonio Torres et al., Respondents, v. Rely On Us, Inc., Appellant, et al., Defendants.

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

Decided October 3, 2018.

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

In August 2013, the plaintiffs commenced this action pursuant to RPAPL 1501 (4) to cancel and discharge of record a mortgage given to the defendant Rely On Us, Inc. (hereinafter ROU). Upon the failure of ROU to appear or answer the complaint, the plaintiffs moved by notice of motion dated February 21, 2014, for leave to enter a default judgment against ROU (see CPLR 3215 [a]). The motion...

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