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Daily Archives: Wednesday, September 18, 2019

Posted: September 18, 2019

Dismissal of Foreclosure Action for Failure to Prosecute Vacated

On September 11, 2019, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Spence, 2019 NY Slip Op. 06529, vacating the dismissal of a foreclosure action for failure to prosecute, explaining: A pleading cannot be dismissed pursuant to CPLR 3216(a) unless a written demand is served upon the party against whom such... Read more »