Legal Opinion

SRMOF II 2012-I Trust v. Tella

Appellate Division of the Supreme Court of the State of New York

Decided May 26, 2016No. 381099/12 1265N 1264NPublished

1Opinion of the Court

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered September 9, 2014, which, inter alia, granted plaintiffs motion for a default judgment, and order, same court and Justice, entered September 22, 2015, which denied plaintiffs motion to remove defendant Mercy Telia as a necessary party to this action, and proceed without her, unanimously affirmed, without costs.

Plaintiffs excuse for its delay in moving for a default judgment indicates that there was activity well within the one-year period specified in CPLR 3215 (c) (see Pappoe v Custodio, 156 AD2d 211 [1st Dept 1989]). Defendant…

2Cases cited4 opinions

  1. HSBC Bank USA, N.A. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2015
  2. Federal National Mortgage Ass'n v. ConnellyAppellate Division of the Supreme Court of the State of New York · 1981
  3. Pappoe v. CustodioAppellate Division of the Supreme Court of the State of New York · 1989
  4. BAC Home Loan Servicing, LP v. BertramNew York Supreme Court · 2016

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