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DEUTSCHE BANK NATL. TRUST CO. v. DICERBO

2019-09862. Index No. 13234/08.

204 A.D.3d 884 (2022)

164 N.Y.S.3d 829

2022 NY Slip Op 02529

Deutsche Bank National Trust Company, Appellant, v. James J. Dicerbo et al., Respondents.

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

Decided April 20, 2022.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, New York, NY (Leah N. Jacob of counsel), for appellant.

D'Agostino Law Office, P.C., Pleasantville, NY (Daniel D. Angiolillo and Charles A. D'Agostino of counsel), for respondents.

Dillon, J.P., Duffy, Christopher and Dowling, JJ., concur.

Ordered that the order entered June 6, 2019, is reversed, on the law, without costs or disbursements, and the plaintiff's motion to vacate the order entered May 24, 2018, and to restore the action to the active calendar is granted.

The plaintiff commenced this action against the defendants to foreclose a mortgage on certain real property located in New Rochelle. In an order entered September 23, 2011, the Supreme Court directed dismissal of the complaint without prejudice...

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