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CITMORTGAGE, INC. v. BARTON

2019-13439. Index No. 509524/16.

212 A.D.3d 706 (2023)

183 N.Y.S.3d 108

2023 NY Slip Op 00203

Citmortgage, Inc., Respondent, v. Nathaniel Barton III, Appellant, et al., Defendants.

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

Decided January 18, 2023.

Attorney(s) appearing for the Case

Michael Kennedy Karlson, New York, NY, for appellant.

Akerman, LLP, New York, NY (Jordan M. Smith and James Ng of counsel), for respondent.

Duffy, J.P., Connolly, Zayas and Wan, JJ., concur.

In an action to foreclose a mortgage, the defendant Nathaniel Barton III appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated September 16, 2019. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Nathaniel Barton III and for an order of reference, and denied that defendant's cross motion, in effect, pursuant to CPLR 3211(a)(8) to dismiss the...

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