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NEWREZ, LLC v. CITY OF MIDDLETOWN

2021-01192 Index No. 51/20.

216 A.D.3d 655 (2023)

188 N.Y.S.3d 157

2023 NY Slip Op 02321

Newrez, LLC, Doing Business as Shellpoint Mortgage Servicing, Appellant, v. City of Middletown, Respondent, et al., Defendants.

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

Decided May 3, 2023.

Attorney(s) appearing for the Case

Akerman, LLP, New York, NY (Eric M. Levine and Jordan M. Smith, of counsel), for appellant.

Alex Smith, Middletown, NY, for respondent.

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

In an action pursuant to RPAPL article 15 to determine adverse claims to real property, the plaintiff appeals from an order of the Supreme Court, Orange County (Robert A. Onofry, J.), dated January 6, 2021. The order denied the plaintiff's motion for leave to enter a default judgement and, sua sponte, in effect, directed dismissal of the complaint.

Ordered that the appeal from so much of the order as, sua sponte, in effect, directed dismissal of the complaint is dismissed...

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