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US BANK N.A. v. KAIL

2016-12375, 2017-07661. Index No. 7832/09.

189 A.D.3d 1652 (2020)

139 N.Y.S.3d 318

2020 NY Slip Op 08100

US Bank National Association, Respondent, v. Melanie Kail, Appellant, et al., Defendants.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Lawrence Katz , Valley Stream, NY, for appellant.

Gross Polowy, LLC (Hogan Lovells US LLP, New York, NY [ Chava Brandriss , David Dunn , Christian Fletcher , and Benjamin P. Jacobs] , of counsel), for respondent.

Rivera, J.P., Cohen, Hinds-Radix and Iannacci, JJ., concur.

Ordered that the appeal from the order dated September 29, 2015, is dismissed; and it is further,

Ordered that the judgment of foreclosure and sale is reversed, on the law, upon reargument, the determination in the order dated March 24, 2015, denying the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is adhered to, and the cross motion of the defendant Melanie Kail pursuant to CPLR 3215(c) to dismiss the complaint insofar...

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