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ONEWEST BANK, FSB v. FOX

Index No. 810136/10. Appeal No. 13072. Case No. 2020-03431.

191 A.D.3d 481 (2021)

138 N.Y.S.3d 307

2021 NY Slip Op 00807

Onewest Bank, FSB, Appellant, v. Cassandra C. Fox, Respondent, et al., Defendants.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Elmsford ( Gregg L. Verrilli of counsel), for appellant.

R. David Marquez, P.C., Mineola ( R. David Marquez of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Oing, JJ.

The court providently dismissed this foreclosure action for failure of plaintiff to litigate its case at trial as scheduled for December 16, 2019 (see 22 NYCRR 202.27[b]; see also Campos v New York City Health & Hosps. Corp., 307 A.D.2d 785 [1st Dept 2003]). The court properly rejected plaintiff's unsubstantiated argument of law office failure as the reason it was unable to...

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