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HSBC BANK USA, N.A. v. HAYLETT

2019-00538, 2019-01337. Index No. 15573/06.

190 A.D.3d 839 (2021)

136 N.Y.S.3d 742

2021 NY Slip Op 00300

HSBC Bank USA, N.A., Appellant, v. Elly C. Haylett, Respondent, et al., Defendants.

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

Decided January 20, 2021.

Attorney(s) appearing for the Case

RAS Boriskin, LLC, Westbury, NY ( Joseph F. Battista and Leah Lenz of counsel), for appellant.

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , Steven Amshen , and Christopher Villanti of counsel), for respondent.

Chambers, J.P., LaSalle, Iannacci and Christopher, JJ., concur.

Ordered that the appeal from the order dated April 24, 2014, is dismissed, as no appeal lies from a default order (see CPLR 5511); and it is further,

Ordered that the order dated December 5, 2018, is reversed, on the law, and the plaintiff's motion to vacate the order dated April 24, 2014, is granted; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The plaintiff commenced this action against the defendant Elly...

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