US Bank National Ass'n v. Thurm
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
Appeal from an order of the Supreme Court (Med-daugh, J.), entered July 27, 2015 in Sullivan County, which denied plaintiff’s motion to vacate the dismissal of its foreclosure action.
Plaintiff commenced this foreclosure action in 2008 and was granted an order of reference in 2010. On March 4, 2013, as the case had not been placed on the trial calendar and no formal applications had been made since 2010, a mandatory conference was held. At the conference, plaintiff was not ready to proceed and requested 30 days to submit a formal motion. Supreme Court (Ceresia Jr., J.) granted the request,…
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