Maspeth Federal Savings & Loan Ass'n v. Simon-Erdan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*751In an action to foreclose a mortgage, David Schreiber, as the assignee of the mortgage, appeals from an order of the Supreme Court, Kings County (Demarest, J.), dated November 21, 2008, which denied his unopposed motion to restore the action to the pre-note of issue calendar and amend the caption and pleadings to substitute himself as the plaintiff in place of Maspeth Federal Savings and Loan Association, and dismissed the action for failure to prosecute.
Ordered that the order is reversed, on the law, without costs or disbursements, and the motion of the nonparty appellant David Schreiber, as…
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