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DEUTSCHE BANK TRUST CO. AMS. v. SMITH

2019-13849. Index No. 20774/08.

211 A.D.3d 1012 (2022)

182 N.Y.S.3d 133

2022 NY Slip Op 07436

Deutsche Bank Trust Company Americas, Formerly Known as Banker's Trust Company, as Trustee and Custodian, Respondent, v. David J. Smith, Jr., Appellant, et al., Defendants.

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

Decided December 28, 2022.

Attorney(s) appearing for the Case

James F. Misiano, P.C., Brentwood, NY, for appellant.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC (Stradley Ronon Stevens & Young, LLP, New York, NY [Adam Weiss], of counsel), for respondent.

Duffy, J.P., Maltese, Wooten and Wan, JJ., concur.

In an action to foreclose a mortgage, the defendant David J. Smith, Jr., appeals from an order of the Supreme Court, Suffolk County (Thomas F. Whelan, J.), dated September 26, 2018. The order, insofar as appealed from, denied that branch of the motion of the defendant David J. Smith, Jr., which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned.

Ordered that the order dated September 26, 2018, is reversed insofar as...

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