US BANK, N.A. v. BOYCE

2011-01807.

93 A.D.3d 782 (2012)

940 N.Y.S.2d 656

2012 NY Slip Op 2098

US BANK, N.A., Appellant, v. AMANDA BOYCE et al., Respondents, et al., Defendants.

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

Decided March 20, 2012.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion pursuant to RPAPL 1321 for an order of reference and for leave to amend the caption to delete the defendants sued herein as "John Does" and "Jane Does" is granted.

The Supreme Court improperly denied that branch of the plaintiff's motion which was pursuant to RPAPL 1321 for an order of reference on the ground that the plaintiff had not filed an attorney affirmation in accordance...

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