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BANK OF N.Y. MELLON TRUST CO. v. LEE

2019-09883. Index No. 29138/13.

202 A.D.3d 898 (2022)

162 N.Y.S.3d 462

2022 NY Slip Op 00996

Bank of New York Mellon Trust Company, Respondent, v. Kyung Soon Lee, Appellant, et al., Defendants.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Christopher Thompson, West Islip, NY, for appellant.

Duane Morris, LLP, New York, NY (Brett L. Messinger of counsel), for respondent.

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Kyung Soon Lee pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against her as abandoned is granted.

On October 30, 2013, the plaintiff commenced this action against the defendant Kyung Soon Lee (hereinafter the defendant), among others, to foreclose a mortgage on a condominium unit in Mount Sinai (hereinafter the premises). On November 4, 2013, the plaintiff...

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