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WINDWARD BORA, LLC v. LODICO

2021-04545, Index No. 600825/19.

206 A.D.3d 1038 (2022)

168 N.Y.S.3d 887

2022 NY Slip Op 04189

Windward Bora, LLC, Respondent, v. Steven G. Lodico et al., Defendants, and Wells Fargo, Appellant.

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

Decided June 29, 2022.

Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (Louis A. Levithan, of counsel), for appellant.

Brathwaite Nelson, J.P., Miller, Zayas and Dowling, JJ., concur.

Ordered that the order is affirmed, without costs or disbursements.

On January 11, 2019, the plaintiff commenced this action against the defendant Wells Fargo, among others. Wells Fargo was served with the summons and complaint on February 1, 2019, but failed to appear or answer the complaint. By notice of motion dated January 15, 2021, Wells Fargo moved, inter alia, in effect, pursuant to CPLR 3012(d) to vacate its default in appearing or answering the complaint...

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