HUDSON CITY SAV. BANK v. AUGUSTIN

2019-03023. Index No. 34557/13.

191 A.D.3d 774 (2021)

142 N.Y.S.3d 89

2021 NY Slip Op 00841

Hudson City Savings Bank, Appellant, v. Frito Augustin et al., Respondents, et al., Defendants.

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

Decided February 10, 2021.


Attorney(s) appearing for the Case

Hinshaw & Culbertson, LLP, New York, NY ( Brian S. McGrath of counsel), for appellant.

Ellen O'Hara Woods , New City, NY, for respondents.

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


Ordered that the order dated February 7, 2019, is modified, on the law, by deleting the provision thereof denying the plaintiff's motion, inter alia, to vacate the order dated March 1, 2018, and substituting therefor a provision granting the plaintiff's motion only to the extent of deleting the words "with prejudice" from the order dated March 1, 2018, and modifying the order dated March 1, 2018, accordingly; as so modified, the order dated February 7, 2019, is affirmed,...

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