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U.S. BANK, N.A. v. GUICHARDO

2011-01628

90 A.D.3d 1032 (2011)

935 N.Y.S.2d 335

2011 NY Slip Op 9630

U.S. BANK, N.A., Appellant, v. KELVY GUICHARDO et al., Defendants.

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

Decided December 27, 2011.

Ordered that on the Court's own motion, the plaintiff's notice of appeal from the order dated November 8, 2010, is deemed an application for leave to appeal from the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements.

The defendant Kelvy Guichardo (hereinafter the defendant) defaulted on his mortgage loan and...

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