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BANK ONE v. LEANG MUI

38 A.D.3d 809 (2007)

835 N.Y.S.2d 585

BANK ONE, Respondent, v. MON LEANG MUI et al., Defendants, and PROVIDENT BANK OF MARYLAND, Respondent. MORGAN STANLEY DEAN WITTER CREDIT CORPORATION, as Servicer for WELLS FARGO BANK MINNESOTA, N.A., Formerly Known as NORWEST BANK MINNESOTA, Nonparty Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 27, 2007.

Ordered that the appeal from so much of the order as denied that branch of the motion which was for leave to reargue is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order is reversed insofar as reviewed, on the law and in the exercise of discretion, that branch of the motion which was for leave to renew is granted, upon renewal, so much of the order dated September 26, 2005, as denied that branch of the prior cross...

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