OneWest Bank, FSB v. Singer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Solomon Singer appeals from an order of the Supreme Court, Kings County (Ash, J.), dated August 12, 2015, which granted the plaintiff’s motion pursuant to CPLR 5015 (a) (1) to vacate an order of the same court (Schmidt, J.) dated January 8, 2015, directing the dismissal of the complaint upon the plaintiff’s failure to appear at conferences, and to restore the action to the active calendar.
Ordered that the order dated August 12, 2015, is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff’s motion is denied.
2Cases cited18 opinions
- Lopez v. Imperial Delivery Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- U.S. Bank, National Ass'n v. DorvelusAppellate Division of the Supreme Court of the State of New York · 2016
- Incorporated Village of Hempstead v. JablonskyAppellate Division of the Supreme Court of the State of New York · 2001
- GMAC Mortgage, LLC v. GuccioneAppellate Division of the Supreme Court of the State of New York · 2015
- Kohn v. KohnAppellate Division of the Supreme Court of the State of New York · 2011
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- Bac Home Loans Servicing, LP v. FunkAppellate Division of the Supreme Court of the State of New York · 2017
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