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DEUTSCHE BANK NATIONAL TRUST COMPANY v. BOOKER

2017-00422, Index Nos. 64360/12, 52529/15.

173 A.D.3d 683 (2019)

103 N.Y.S.3d 464

2019 NY Slip Op 04356

Deutsche Bank National Trust Company, as Trustee for Holders of the First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass-Through Certificates, Series 2006-FF9, Appellant, v. Bernard Booker, Respondent, et al., Defendants. (Action No. 1.) Deutsche Bank National Trust Company, as Trustee for Holders of the First Franklin Mortgage Loan Trust 2006-FF9, Mortgage Pass-Through Certificates, Series 2006-FF9, Appellant, v. James Dessesaure, Defendant. (Action No. 2.)

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

Decided June 5, 2019.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, in effect, directed dismissal of the complaint in action No. 2 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 affirmed insofar as appealed from, with costs.

In September 2012...

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