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PROF-2013-M4 LEGAL TITLE TRUST 2015-1 v. MORALES

2019-12189. Index No. 12014/13.

211 A.D.3d 866 (2022)

180 N.Y.S.3d 558

2022 NY Slip Op 07086

PROF-2013-M4 Legal Title Trust 2015-1, Appellant, v. Alberto Morales et al., Defendants, and David Cohn, Respondent.

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

Decided December 14, 2022.

Attorney(s) appearing for the Case

Adam Leitman Bailey, P.C., New York, NY (Jeffrey R. Metz, Jaclyn Halpern Weinstein, and Danny Ramrattan of counsel), for appellant.

Shiryak, Bowman, Anderson, Gill & Kadochnikov, LLP, Kew Gardens, NY (Matthew J. Routh of counsel), for respondent.

Duffy, J.P., Maltese, Christopher and Taylor, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Ingrid Joseph, J.), dated June 19, 2019. The order granted that branch of the motion of the defendant David Cohn which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against him, and denied the plaintiff's cross motion pursuant to CPLR 306-b to extend the time to serve the summons and complaint upon that defendant.

Ordered that the...

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