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US BANK N.A. v. GIOIA

25441/2011

42 Misc.3d 947 (2013)

982 N.Y.S.2d 699

2013 NY Slip Op 23458

US BANK NATIONAL ASSOCIATION, as Trustee for Certificate Holders of BANC OF AMERICA FUNDING CORPORATION 2009-FT1 TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2009-FT1, Plaintiff, v. NEIL R. GIOIA et al., Defendants.

Supreme Court, Queens County.

Decided November 6, 2013.

Attorney(s) appearing for the Case

McCabe, Weisberg & Conway, PC., New Rochelle ( Lisa L. Wallace and Matthew Russell of counsel), for plaintiff.

Aisha A. Baruni , Jamaica, for Neil R. Gioia and another, defendants.

OPINION OF THE COURT

ROBERT J. McDONALD, J.

This is a motion made by plaintiff, US Bank National Association, seeking to discontinue the mortgage foreclosure action for the property located at 39-26 50th Street, Woodside, New York. The property consists of a two-family house in which defendants, Neil R. Gioia and Lauren N. Gioia, a father and daughter, reside with their spouses in separate residences.

Based upon the record before this court, on July...

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