U.S. BANK NATIONAL ASSOCIATION v. ZEMBOVA

2014-05346, Index No. 7213/09.

137 A.D.3d 1010 (2016)

27 N.Y.S.3d 611

2016 NY Slip Op 01830

U.S. BANK NATIONAL ASSOCIATION, as Trustee for CITIGROUP ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-FX1, Appellant, v. VLADIMIRA ZEMBOVA, Also Known as VLADIMIRA PALOMEQUE, et al., Respondents, et al., Defendant.

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

Decided March 16, 2016.


Ordered that on the Court's own motion, the notice of appeal is deemed an application for leave to appeal from so much of the order as, sua sponte, barred the plaintiff from collecting interest on the subject mortgage loan from December 9, 2010 to January 31, 2014, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion; and it is further...

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