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OCWEN LOAN SERVICING, LLC v. ANTOINE

2020-03477 Index No. 600238/15.

213 A.D.3d 863 (2023)

182 N.Y.S.3d 640

2023 NY Slip Op 00876

Ocwen Loan Servicing, LLC, Appellant, v. Emmanuel Antoine et al., Defendants, and Joseph Rafael, LLC, Respondent.

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

Decided February 15, 2023.

Attorney(s) appearing for the Case

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY (Joseph F. Battista of counsel), for appellant.

Stim & Warmuth, P.C., Farmingville, NY (Glenn P. Warmuth of counsel), for respondent.

Barros, J.P., Maltese, Dowling and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated March 2, 2020. The order, insofar as appealed from, granted the unopposed cross-motion of the defendant Joseph Rafael, LLC, pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against it as abandoned.

Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the...

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