US BANK N.A. v. FLOWERS

2014-09048

128 A.D.3d 951 (2015)

11 N.Y.S.3d 186

2015 NY Slip Op 04308

US BANK NATIONAL ASSOCIATION, Appellant, v. KAWAN D. FLOWERS et al., Respondents.

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

Decided May 20, 2015.


In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated February 24, 2014, as (a) denied that branch of its motion which was pursuant to RPAPL 1321 for an order of reference and (b), sua sponte, directed the dismissal of the complaint without prejudice and the cancellation of a notice of pendency filed against the subject property.

Ordered that on the Court...

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