Deutsche Bank National Trust Co. v. Cotton

In an action to foreclose a mortgage, the plaintiff appeals from a order of the Supreme Court, Kings County (Silber, J.), dated March 19, 2015, which denied its unopposed motion to vacate an order of the same court (Dabiri, J.), dated February 11, 2014, which, sua sponte, conditionally dismissed the action pursuant to CPLR 3216 and directed the County Clerk to vacate the notice of pendency unless the plaintiff filed a note of issue or otherwise proceeded by motion for entry of judgment within 90 days from February 11, 2014, and to restore the action to the active calendar.

Ordered that the…