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DEUTSCHE BANK NATL. TRUST CO. v. LAMARRE

2019-04734. Index No. 926/08.

211 A.D.3d 811 (2022)

181 N.Y.S.3d 128

2022 NY Slip Op 07056

Deutsche Bank National Trust Company, Appellant, v. Lucser Lamarre, Respondent, et al., Defendants.

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

Decided December 14, 2022.

Attorney(s) appearing for the Case

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY (Joseph F. Battista and Leah Lenz of counsel), for appellant.

Berg & David PLLC, Brooklyn, NY (Abraham David and Sholom Wohlgelernter of counsel), for respondent.

Rivera, Chambers and Dowling, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated January 16, 2019. The order denied the plaintiff's motion to vacate an order of the same court dated February 27, 2014, sua Sponte, directing dismissal of the complaint, and to restore the action to the active calendar.

Ordered that the order dated January 16, 2019, is reversed, on the law, with costs, and the plaintiff's motion...

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