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DEUTSCHE BANK NATL. TRUST CO. v. MARTINEZ

2019-11260. Index No. 31234/13.

211 A.D.3d 909 (2022)

180 N.Y.S.3d 577

2022 NY Slip Op 07219

Deutsche Bank National Trust Company, Appellant, v. Jose M. Martinez, Respondent, et al., Defendants.

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

Decided December 21, 2022.

Attorney(s) appearing for the Case

Locke Lord, LLP, New York, NY (Aileen E. McTiernan and Shawn A. Brenhouse, of counsel), for appellant.

Jose M. Martinez, North Miami, Florida, respondent pro se.

Chambers, J.P., Wooten, Zayas and Wan, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated August 26, 2019. The order, in effect, denied the plaintiff's application pursuant to CPLR 306-b to extend the time to serve the defendant Jose M. Martinez with the summons and complaint, granted that defendant's motion to confirm a referee's report dated March 26, 2019, and, in effect, granted that defendant's separate motion pursuant...

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