U.S. BANK NATIONAL ASSOCIATION v. SPENCE

2017-04014, Index No. 32052/08.

175 A.D.3d 1346 (2019)

105 N.Y.S.3d 882

2019 NY Slip Op 06529

U.S. Bank National Association, as Trustee, on Behalf of the Holderes of the CSMC Mortgage-Backed Pass-Through Certificates, Series 2007-6, Appellant, v. Lisa Spence et al., Defendants, and Jaystone, LLC, Respondent.

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

Decided September 11, 2019.


Attorney(s) appearing for the Case

Parker Ibrahim & Berg LLC, New York, NY ( Ben Z. Raindorf and Kristin M. Mykulak of counsel), for appellant.

Alter and Barbaro, Brooklyn, NY ( Bernard M. Alter and Nichole Castillo of counsel), for respondent.

Scheinkman, P.J., Hinds-Radix, LaSalle and Barros, JJ., concur.


Ordered that the order dated February 16, 2017, is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the plaintiff's motion to vacate the conditional order of dismissal dated February 20, 2014, is granted on condition that, within 30 days after service upon the plaintiff of a copy of this decision and order, the plaintiff serves and files in the office of the Clerk of the Supreme Court, Kings County, a written stipulation waiving...

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