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

2016-13190. Index No. 17224/11.

174 A.D.3d 768 (2019)

106 N.Y.S.3d 160

2019 NY Slip Op 05715

U.S. Bank, National Association, Respondent, v. Douglas M. Duran et al., Defendants. Gustavia Home, LLC, Nonparty Appellant.

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

Decided July 17, 2019.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the cross motion of Gustavia Home, LLC, which was pursuant to CPLR 1021 for leave to amend the caption and substitute Gustavia Home, LLC, as successor in interest in place of Mortgage Electronic Registration Systems, Inc., and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed...

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