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195-197 HEWES, LLC v. CITIMORTGAGE, INC.

2019-09997. Index No. 516578/18.

208 A.D.3d 826 (2022)

174 N.Y.S.3d 440

2022 NY Slip Op 05064

195-197 Hewes, LLC, Appellant, v. Citimortgage, Inc., Respondent.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Law Office of Samuel Katz, PLLC, Brooklyn, NY (Joseph J. Schwartz of counsel), for appellant.

Locke Lord, LLP, New York, NY (William D. Foley, Jr., Jeffrey S. Kramer, and Harry K. Tiwari of counsel), for respondent.

Connolly, J.P., Rivera, Dowling and Voutsinas, JJ., concur.

Ordered that the order is affirmed, with costs.

In August 2018, the plaintiff commenced this action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage held by the defendant. Prior to answering the complaint, the defendant moved pursuant to CPLR 3211(a)(1) to dismiss the complaint. However, the defendant failed to appear in court on the return date and the motion was marked off the calendar. Thereafter, the defendant moved, in effect, to vacate...

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