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BANK OF NEW YORK MELLON v. AQUINO

2016-10356, 2017-07578. Index No. 7736/10.

185 A.D.3d 887 (2020)

128 N.Y.S.3d 548

2020 NY Slip Op 04142

Bank of New York Mellon, Appellant, v. Alberto Aquino et al., Respondents, et al., Defendants.

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

Decided July 22, 2020.

Ordered that the order entered June 2, 2017, is reversed, on the law and in the exercise of discretion, and the plaintiff's motion to vacate the order entered February 22, 2016, and to restore the action to the active calendar is granted; and it is further,

Ordered that the order entered June 22, 2016, is reversed, on the law and in the exercise of discretion, the cross motion of the defendants Alberto Aquino and Elizabeth Aquino for an award of costs and attorney...

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