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JP MORGAN CHASE BANK, NA v. CANTWELL

2019-09917. Index No. 11968/08.

212 A.D.3d 720 (2023)

182 N.Y.S.3d 717

2023 NY Slip Op 00210

JP Morgan Chase Bank, NA, Respondent, v. Alexander Cantwell et al., Defendants, and John Doe, Appellant.

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

Decided January 18, 2023.

Attorney(s) appearing for the Case

Genevieve Lane Lopresti, Seaford, NY, for appellant.

Gross Polowy, LLC, Westbury, NY (Stephen J. Vargas of counsel), for respondent.

Iannacci, J.P., Chambers, Wooten and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendant Richard Cella, sued herein as John Doe, appeals from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered May 15, 2019. The order denied that defendant's motion, inter alia, pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against him for failure to prosecute and pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against him for failure to state a cause of action...

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