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DEUTSCHE BANK NATL. TRUST CO. v. MICHALOWSKI

CV-23-1203.

230 A.D.3d 884 (2024)

2024 NY Slip Op 04170

Deutsche Bank National Trust Company, as Trustee, Respondent, v. David J. Michalowski, Appellant, et al., Defendants.

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

Decided August 8, 2024.

Attorney(s) appearing for the Case

Sandra Poland Demars, Albany, for appellant.

Woods Oviatt Gilman LLP, Rochester (Kristin M. Bolduc of counsel), for respondent.

Aarons, J.P., Pritzker, Ceresia and Mackey, JJ., concur.

Appeal from an order of the Supreme Court (Richard A. Kupferman, J.), entered June 23, 2023, in Saratoga County, which, among other things, denied defendant David J. Michalowski's motion to compel plaintiff to accept service of his answer.

In 2004, defendant David J. Michalowski (hereinafter defendant) executed a note to borrow...

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