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FIFTH THIRD MTGE. CO. v. SCHIRO

2020-06992. Index No. 101379/15.

210 A.D.3d 953 (2022)

2022 NY Slip Op 06689

Fifth Third Mortgage Company, Appellant, v. Anthony Schiro, Respondent.

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

Decided November 23, 2022.

Attorney(s) appearing for the Case

Relin, Goldstein & Crane, LLP (D.J. & J.A. Cirando, PLLC, Syracuse, NY [John A. Cirando and Rebecca L. Konst], of counsel), for appellant.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Brooklyn, NY (Andrea J. Caruso of counsel), for respondent.

Dillon, J.P., Chambers, Maltese and Voutsinas, JJ. concur.

In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Richmond County (Desmond A. Green, J.), dated March 11, 2020. The order denied the plaintiff's motion to restore the action to the court's calendar.

Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion to restore the action to the court's calendar is granted.

On November 15, 2005, the defendant executed an adjustable rate...

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