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US BANK NATIONAL ASSOCIATION v. MADERO

2016-13064, Index No. 102965/08.

154 A.D.3d 795 (2017)

61 N.Y.S.3d 504

2017 NY Slip Op 07156

US BANK NATIONAL ASSOCIATION, as Trustee, Respondent, v. MIGUEL MADERO et al., Appellants, et al., Defendants.

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

Decided October 11, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the plaintiff's motion which was to restore the action to the active calendar. CPLR 3404 does not apply to this pre-note of issue action (see WM Specialty Mtge., LLC v Palazzollo, 145 A.D.3d 714, 715 [2016]; Countrywide Home Loans, Inc. v Gibson, 111 A.D.3d 875

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