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

No. 2015-11798, 2016-01438. Index No. 15956/09.

164 A.D.3d 1290 (2018)

83 N.Y.S.3d 577

2018 NY Slip Op 06050

US Bank, National Association, as Successor Trustee to Bank of America, N.A., as Successor by Merger to LaSalle Bank N.A., as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-2, Appellant, v. Roberto Rosario et al., Respondents, et al., Defendants.

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

Decided September 12, 2018.

Ordered that the order dated October 2, 2015, is reversed, on the law, the plaintiff's motion, in effect, for leave to enter a default judgment against the defendant Jose Lopez and for an order of reference is granted, the cross motion of the defendants Roberto Rosario and Jose Lopez pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them and to impose sanctions against the plaintiff pursuant to 22 NYCRR 130-1.1 is denied, and the order dated December...

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