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U.S. BANK NA v. WARSHAW

6742, 850235/15.

161 A.D.3d 707 (2018)

74 N.Y.S.3d 495

2018 NY Slip Op 03914

U.S. Bank NA, Respondent, v. Howard Warshaw et al., Defendants. Arusa Trade & Finance, Nonparty Appellant.

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

Decided May 31, 2018.

The court providently exercised its discretion in granting plaintiff's motion to vacate the dismissal order (see Woodson v Mendon Leasing Corp., 100 N.Y.2d 62, 68 [2003]). Plaintiff demonstrated a sufficient excuse in the form of a mistake of fact that the mortgage was satisfied upon the sale of the property. Plaintiff also moved within approximately six months of the court's order, which is a reasonable time under the circumstances...

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