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U.S. BANK NATIONAL ASSOCIATION v. HAWTHORNE

2020-00517. Index No. 501225/19.

207 A.D.3d 590 (2022)

169 N.Y.S.3d 844

2022 NY Slip Op 04575

U.S. Bank National Association, Respondent, v. Keith Hawthorne, Appellant, et al., Defendants.

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

Decided July 13, 2022.

Attorney(s) appearing for the Case

Keith Hawthorne, Mahopac, NY, appellant pro se.

Houser LLP, New York, NY (David S. Yohay and Kathleen M. Massimo of counsel), for respondent.

Iannacci, J.P., Rivera, Chambers and Wooten, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action against the defendant Keith Hawthorne (hereinafter the defendant), among others, to foreclose a mortgage on certain real property located in Mahopac. According to an affidavit of service, the defendant was served by substituted service on August 10, 2019 (see CPLR 308[2]). The defendant moved pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar...

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