Bank of New York Mellon v. Shterenberg

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated June 26, 2015, which denied its motion to vacate an order of the same court dated October 8, 2013, sua sponte directing dismissal of the complaint as abandoned pursuant to CPLR 3215 (c), and to restore the action to the trial calendar.

Ordered that the order dated June 26, 2015, is reversed, on the law, with costs, and the plaintiff’s motion to vacate the order dated October 8, 2013, and to restore the action to the trial calendar is granted.

In July 2008, the…