US Bank, N.A. v. Samuel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals (1) from an order of the Supreme Court, Richmond County (Fusco, J.), dated December 17, 2013, which, in effect, denied its motion for leave to enter a default judgment of foreclosure and sale and, pursuant to CPLR 2001 and 5019 (a), to substitute, nunc pro tunc, a newly signed affidavit of merit and of the amount due in place of that which had been attached to the plaintiff’s application for an order of reference, and to validate the order of reference, and granted the cross motion of the defendant Lillian Samuel, in effect, to…
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