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U.S. BANK N.A. v. SANSONE

2018-12615, Index No. 15312/09.

176 A.D.3d 1251 (2019)

109 N.Y.S.3d 653

2019 NY Slip Op 07807

U.S. Bank National Association, Appellant, v. Melchior Sansone, Respondent, et al., Defendants.

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

Decided October 30, 2019.

Attorney(s) appearing for the Case

Reed Smith LLP, New York, NY ( Andrew B. Messite and Kerren B. Zinner of counsel), for appellant.

Richard Wolfson P.C., Uniondale, NY, for respondent.

Mastro, J.P., Balkin, Iannacci and Christopher, JJ., concur.

Ordered that the order dated July 30, 2018, is reversed, on the law, with costs, and the plaintiff's motion to vacate the order dated November 21, 2012, and, in effect, to restore the action to the active calendar is granted.

In April 2009, the plaintiff commenced this action against the defendant Melchior Sansone (hereinafter the defendant), among others, to foreclose a mortgage secured by certain real property located in Suffolk County. In January 2011, following...

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