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U.S. BANK, N.A. v. CEPEDA

2015-09653, Index No. 18931/07.

155 A.D.3d 809 (2017)

64 N.Y.S.3d 104

2017 NY Slip Op 07767

U.S. BANK, N.A., as Trustee for the MASTR ASSET BACKED SECURITIES TRUST 2006-FREI, Appellant, v. RAYMOND CEPEDA, Respondent, et al., Defendants.

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

Decided November 8, 2017.

Ordered that the notice of appeal from so much of the order as, sua sponte, in effect, directed the dismissal of the complaint is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Raymond Cepeda pursuant to CPLR 5015 (a) (4...

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