Legal Opinion

Bayview Loan Servicing, LLC v. Martano

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

Decided September 30, 2015No. 2013-03466PublishedCited by 3 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (F. Rivera, J.), dated September 21, 2012, which, sua sponte, directed the dismissal of the complaint without prejudice, upon the plaintiff’s failure to appear at a conference on April 13, 2011, and (2) an order of the same court dated March 15, 2013, which denied its motion to vacate its default in appearing at the conference on April 13, 2011, to vacate the order dated September 21, 2012, and to restore the action to the active calendar.

Ordered that the order dated March 15,…

2Cases cited2 opinions

  1. S.R. Garden City, LLC v. Magnacare, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  2. Paraschos v. Century 21 Metalios Real Estate, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by3 opinions

  1. OneWest Bank, FSB v. SingerAppellate Division of the Supreme Court of the State of New York · 2017
  2. Bank of N.Y. Mellon v. FaragallaAppellate Division of the Supreme Court of the State of New York · 2019
  3. Nationstar Mtge., LLC v. SimmondsAppellate Division of the Supreme Court of the State of New York · 2019

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