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

2016-02768, Index No. 19750/10.

162 A.D.3d 961 (2018)

80 N.Y.S.3d 299

2018 NY Slip Op 04593

U.S. Bank, N.A., Trustee for Servertis Fund I Trust 2009-2 Certificates, Series 2009-2, Plaintiff, v. Sharin A. Hossain et al., Respondents, et al., Defendants. Wilmington Trust, National Association, Not in its Individual Capacity But as Trustee for ARLP Securitization Trust Series 2015, Nonparty Appellant.

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

Decided June 20, 2018.

Ordered that the appeal is dismissed, without costs or disbursements.

This action to foreclose a mortgage on residential real property was commenced by U.S. Bank, N.A., Trustee for Servertis Fund I Trust 2009-2 Certificates, Series 2009-2 (hereinafter the plaintiff). The plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant mortgagors, to strike the affirmative defenses raised in their verified answer, and for...

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