Deutsche Bank Nat'l Trust Co. v. Bandalos
| Decision Date | 26 June 2019 |
| Docket Number | 2016–08696,Index No. 604754/15 |
| Citation | 173 A.D.3d 1136,105 N.Y.S.3d 489 |
| Parties | DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellant, v. Philip BANDALOS, etc., et al., Respondents, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
173 A.D.3d 1136
105 N.Y.S.3d 489
DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellant,
v.
Philip BANDALOS, etc., et al., Respondents, et al., Defendants.
2016–08696
Index No. 604754/15
Supreme Court, Appellate Division, Second Department, New York.
Submitted—February 22, 2019
June 26, 2019
McCabe, Weisberg & Conway, LLC, New Rochelle, N.Y. (Heino J. Muller, Melisa Zukic, and Allison J. Sanders of counsel), for appellant.
Thomas M. Gandolfo, Merrick, NY, for respondents.
WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, ROBERT J. MILLER, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated July 14, 2015. The order denied the plaintiff's motion pursuant to CPLR 306–b to extend the time to serve the summons and complaint upon the defendant Kelly Bandalos and, in effect, for leave to join Mother of Pearl, Inc., as trustee of Beech Drive Land Trust, as a party to the action, and granted the cross motion of the defendants Philip Bandalos, also known as Joseph Bandalos, and Kelly Bandalos pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them.
ORDERED that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the plaintiff's motion pursuant to CPLR 306–b to extend the time to serve the summons and complaint upon the defendant Kelly Bandalos and, in effect, for leave to join Mother of Pearl, Inc., as trustee of Beech Drive Land Trust, as a party to the action is granted, the cross motion of the defendants Philip Bandalos, also known as Joseph Bandalos, and Kelly Bandalos pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them is denied, and the matter is remitted to the Supreme Court, Suffolk County, for the joinder of Mother of Pearl, Inc., as trustee of Beech Drive Land Trust, as a defendant in this action, without prejudice to its right to assert any defenses or affirmative defenses, for the service of the summons and complaint by the plaintiff upon Mother of Pearl, Inc., as trustee of Beech Drive Land Trust, within 30 days after service upon the plaintiff of a copy of this decision and order, for the service
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