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U.S. BANK N.A. v. NASSAU COUNTY PUBLIC ADMINISTRATOR

9017, 850323/13.

171 A.D.3d 560 (2019)

98 N.Y.S.3d 581

2019 NY Slip Op 02955

U.S. Bank N.A., as Legal Title Trustee for Truman 2013 SC4 Legal Title Trust, Appellant, v. Nassau County Public Administrator, as Administrator of the Estate of Kathleen Bestany, Deceased, Defendant, and 532 West 187 Realty, LLC, Respondent.

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

Decided April 18, 2019.

We find that the motion court properly exercised its discretion pursuant to CPLR 317. Taken together, the affidavits submitted by 532 West established that it never received notice of the summons because its agent for service never forwarded the same to it (cf. John v Arin Bainbridge Realty Corp., 147 A.D.3d 454, 455-456 [1st Dept 2017]). Plaintiff does not dispute that the affidavits...

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