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U.S. BANK N.A. v. PENATE

2017-12665, 2018-00188, Index No. 8945/15.

176 A.D.3d 758 (2019)

110 N.Y.S.3d 156

2019 NY Slip Op 07108

U.S. Bank National Association, Respondent, v. Jose Penate et al., Defendants, and Paula Cuellar-Penate, Appellant.

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

Decided October 2, 2019.

Attorney(s) appearing for the Case

Beth E. Goldman , New York, NY ( Julie Anne Howe of counsel), for appellant.

RAS Boriskin, LLC, Westbury, NY ( Jospeh F. Battista of counsel), for respondent.

Mastro, J.P., Cohen, Maltese and LaSalle, JJ., concur.

Ordered that the order entered September 5, 2017, is reversed insofar as appealed from, on the law, the motion of the defendant Paula Cuellar-Penate pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against her as abandoned is granted, those branches of the plaintiff's motion which were for leave to enter a default judgment against that defendant and for an order of reference are denied, and so much of the order...

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