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OPTION ONE MORTGAGE, plf, v. JOSE LUIS RODRIGUEZ-CARDONA, RESPONDENT def; 21ST MORTGAGE CORPORATION, INTERVENOR-ap

OPTION ONE MORTGAGE, plf, v. JOSE LUIS RODRIGUEZ-CARDONA, RESPONDENT def; 21ST MORTGAGE CORPORATION, INTERVENOR-ap — (INDEX NO. 22749/07)In an action to foreclose a mortgage, nonparty 21st Mortgage Corporation appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated April 16, 2015, which denied its motion for leave to intervene in the action, to be substituted as the plaintiff in the action, and to vacate an order of the same court dated October 22, 2013, which, sua sponte, directed dismissal of the action as abandoned pursuant to CPLR 3215(c).

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OPTION ONE MORTGAGE, plf, v. JOSE LUIS RODRIGUEZ-CARDONA, RESPONDENT def; 21ST MORTGAGE CORPORATION, INTERVENOR-ap — (INDEX NO. 22749/07)In an action to foreclose a mortgage, nonparty 21st Mortgage Corporation appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated April 16, 2015, which denied its motion for leave to intervene in the action, to be substituted as the plaintiff in the action, and to vacate an order of the same court dated October 22, 2013, which, sua sponte, directed dismissal of the action as abandoned pursuant to CPLR 3215(c).

ORDERED that the order dated April 16, 2015, is reversed, on the facts and in the exercise of discretion, with costs, the motion is granted, the order dated October 22, 2013, is vacated, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, inter alia, to substitute 21st Mortgage Corporation as the plaintiff in the action, and to amend the caption accordingly.

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