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U.S. BANK TRUST, N.A. v. DeLUCA

2016-11675, Index No. 31920/11.

173 A.D.3d 1242 (2019)

100 N.Y.S.3d 903

2019 NY Slip Op 05179

U.S. Bank Trust, N.A., as Trustee of LSF9 Master Trust, Series 2014-3, Respondent, v. Carl DeLuca, Appellant, et al., Defendant.

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

Decided June 26, 2019.

Ordered that the order is affirmed, with costs.

The defendant Carl DeLuca (hereinafter the defendant) defaulted by failing to appear in this action to foreclose a mortgage on real property that he owned. The Supreme Court issued a judgment of foreclosure and sale dated April 4, 2016, in favor of the plaintiff and against the defendant, among others. On November 3, 2016, the defendant presented a proposed order to show cause to the court, pursuant to CPLR 5015(a) ...

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