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DEUTSCHE BANK TRUST CO. AMS. v. SMITH

2020-08919. Index No. 20774/08.

211 A.D.3d 1014 (2022)

179 N.Y.S.3d 594

2022 NY Slip Op 07437

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 2, 2020. The order denied that defendant's motion pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned and for leave to renew that branch of his prior motion which was pursuant to CPLR 3215(c) to dismiss the complaint...

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